Legal Opinion

H.L. Ex Rel. A.I. v. Secretary of Health & Human Services

United States Court of Federal Claims

Decided September 29, 2016No. 10-197VPublishedCited by 9 opinions

1Opinion of the Court

Causation-in-fact (Significant Aggravation); FluMist Vaccine; Leigh Disease; 42 U.S.C. §§ 300aa-1-34 (Vaccine Act).

MEMORANDUM OPINION AND FINAL ORDER

BRADEN, Judge

Petitioner requests review of the Special Master’s March 17, 2016 Decision, denying an award under the Vaccine Act. 1

I. RELEVANT FACTUAL BACKGROUND. 2

On January 11, 2008, six-year-old “A.I.” received the FluMist vaccine. 3/17/16 Dee. at 6. 3 That evening, A.I. began having “staring spells.” 3/17/16 Dee. at 7. On January 22, 2008, A.I. was taken to an urgent care facility, after suffering from a variety of symptoms, including:…

2Cases cited15 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Stern v. MarshallSupreme Court of the United States · 2011
  3. Althen v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2005
  4. Moberly v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
  5. Rose Capizzano v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2006

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3Cited by9 opinions

  1. K.L. v. Secretary of the Department of Health & Human ServicesUnited States Court of Federal Claims · 2017
  2. H.L. v. HhsCourt of Appeals for the Federal Circuit · 2017
  3. HAZLEHURST v. SECRETARY OF HEALTH AND HUMAN SERVICESUnited States Court of Federal Claims · 2025
  4. K.L v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2018
  5. Martinez v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2023

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