Allison v. Secretary of the United States Department of Health & Human Services

OPINION

FUTEY, Judge.

This vaccine case is before the court on petitioner’s motion for review of the special master’s decision. On April 19, 1991, the special master dismissed the petition, concluding that petitioner’s failure to dismiss a prior civil action precluded the court from exercising jurisdiction over her claim. Petitioner asserts that the special master erred in determining that the failure to dismiss a civil action constituted a jurisdictional bar to proceeding in the Claims Court. Respondent maintains that the relevant statutory provisions bar petitioner’s claim, and urges the…