Legal Opinion

Tammy Mahaffey v. Secretary of Health and Human Services

Court of Appeals for the Federal Circuit

Decided May 21, 2004No. 03-5164PublishedCited by 17 opinions

1Opinion of the Court

PAULINE NEWMAN, Circuit Judge.

Tammy Mahaffey appeals the decision of the United States Court of Federal Claims 1 dismissing her petition for review under the National Vaccine Injury Compensation Program as untimely filed. We affirm the dismissal, and reaffirm that review by the Federal Circuit of a vaccine injury decision by a special master requires intervening review by the Court of Federal Claims.

BACKGROUND

Ms. Mahaffey, an adult, received injections of the Hepatitis-B vaccine in June and July of 2000. Following administration of the vaccine, Ms. Mahaffey experienced severe headaches, rash,…

2Cases cited6 opinions

  1. Fuentes v. ShevinSupreme Court of the United States · 1972
  2. United States v. SherwoodSupreme Court of the United States · 1941
  3. Rolls-Royce Limited, Derby, England, a British Company v. The United States and United Aircraft Corporation, Defendant-IntervenorUnited States Court of Claims · 1966
  4. Peggy Grimes, Legal Guardian and Next Friend of Jason Raye Grimes v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1993
  5. RSH Constructors, Inc. v. United StatesUnited States Court of Claims · 1990

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3Cited by17 opinions

  1. Waller v. Secretary of the Department of Health & Human ServicesUnited States Court of Federal Claims · 2005
  2. Baker v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2004
  3. Skaar v. McDonoughCourt of Appeals for the Federal Circuit · 2022
  4. G.L.G. Ex Rel. Graves v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2014
  5. Valle Ex Rel. J v. v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2016

12 more not listed; retrieve them via the Exa API.

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