Ruby Flowers, Administratrix for the Estate of Melissa J. Malone v. Secretary of the Department of Health and Human Services
Court of Appeals for the Federal Circuit
1Opinion of the Court
CLEVENGER, Circuit Judge.
Ruby Flowers appeals the May 10, 1994 judgment of the United States Court of Federal Claims affirming the Special Master’s order, which dismissed her petition for compensation under the National Childhood Vaccine Injury Act of 1986 (Vaccine Act), Pub.L. No. 99-660, tit. III, 100 Stat. 3755 (current version at 42 U.S.C. §§ 300aa-1 to -34 (1988 & Supp. V 1993)). The court held that it lacked jurisdiction to hear Ms. Flowers’s claim because when she filed her Vaccine Act petition, she had pending a civil action involving the same vaccine-related injury. Flowers v.…
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