Legal Opinion
Robert McAllister Individually and as Parent and Natural Guardian of Dana McAllister Infant v. Secretary of Health and Human Services
Court of Appeals for the Federal Circuit
Decided November 16, 1995No. 95-5071PublishedCited by 84 opinions
1Opinion of the Court
BRYSON, Circuit Judge.
Petitioner appeals from a decision of the Court of Federal Claims awarding a total of $156,449 for pain and suffering under the Vaccine Act. We vacate the judgment and remand with instructions to recalculate the award.
I
Petitioner Robert McAllister, on behalf of his daughter Dana McAllister, sought compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 to -34 (the Vaccine Act), for injuries that Dana suffered as a result of a polio vaccine she received in 1989. The parties stipulated to the award of compensation under section…
2Cases cited7 opinions
- Lawlor v. LoeweSupreme Court of the United States · 1915
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Edward C. Rea and 22 Ford Inc., a Corporation, and Cross-Appellees v. Ford Motor Company, a Corporation, and Cross-AppellantCourt of Appeals for the Third Circuit · 1977
- Jo C. Calhoun, Jr., and Esther C. Young, Executors of the Estate of Niels A. Christensen, Deceased v. The United StatesUnited States Court of Claims · 1965
- Lerner v. United StatesUnited States Court of Claims · 1964
2 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Hall v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2011
- Masias v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2011
- John Hanlon and Ruth Ann Hanlon, Parents and Next Friends of Michael Hanlon v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1999
- Graves ex rel. Estate of Graves v. Secretary of the Dept. of Health & Human ServicesUnited States Court of Federal Claims · 2013
- Tembenis v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2013
79 more not listed; retrieve them via the Exa API.