Legal Opinion

Moberly v. Secretary of Health & Human Services

Court of Appeals for the Federal Circuit

Decided January 13, 2010No. 2009-5057PublishedCited by 688 opinions

1Opinion of the Court

BRYSON, Circuit Judge.

This Vaccine Act case presents the question whether a child’s seizure disorder was shown to have been caused by a vaccination. The special master found that the petitioners failed to establish causation, and the Court of Federal Claims upheld that finding. We affirm.

I

Molly Moberly was born in Lincoln, Nebraska, on May 17, 1996. On July 17, 1996, she received her first set of vaccinations, including her first Diphtheria-Pertussis-Tetanus (“DPT”) vaccination, with no apparent ill effects. Two months later, on September 17, 1996, Molly received her second DPT vaccination.

Two…

2Cases cited17 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
  4. Althen v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2005
  5. Andreu Ex Rel. Andreu v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2009

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3Cited by688 opinions

  1. Broekelschen v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
  2. Cedillo v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
  3. Porter v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2011
  4. W.C. v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2013
  5. Shapiro v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2011

683 more not listed; retrieve them via the Exa API.

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