Edgar v. Secretary of the Department of Health & Human Services

ORDER

HARKINS, Senior Judge:

This case is now before the court on petitioners’ motion, filed June 11, 1993, to alter or amend the judgment that was filed June 3, 1993. Petitioners’ motion states it was filed pursuant to RCFC 59(a)(1) or alternatively RCFC 60(a). Inasmuch as the motion was filed timely pursuant to RCFC 59(d) and accords with the instructions in Vaccine Rule 31, it is treated as a RCFC 59 motion.

A motion under RCFC 59 is viewed as a continuation of the present proceeding. As such, for purposes of Program Section 21(a)1, Election, it has the effect of deferring judgment. A motion…