Legal Opinion
Althen v. Secretary of Health and Human Services
Court of Appeals for the Federal Circuit
Decided July 29, 2005No. 2004-5146PublishedCited by 978 opinions
1Opinion of the Court
MAYER, Circuit Judge.
The Secretary of Health and Human Services (“government”) appeals the judgment of the United States Court of Federal Claims reversing the special master’s denial of Margaret Althen’s claim under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § 300aa-1 to -34 (“Vaccine Act”), for loss of vision caused by a tetanus toxoid (“TT”) vaccination. Althen v. Sec’y of Health & Human Servs., 58 Fed.Cl. 270 (2003) (“Althen II ”). Because Althen met the statutory burden for establishing causation by a preponderance of the evidence, we affirm.
Background
On March 28, 1997,…
2Cases cited7 opinions
- La Buy v. Howes Leather Co.Supreme Court of the United States · 1957
- Debra Ann Knudsen, by Her Parents and Legal Guardians, Doris P. Knudsen and Dale Knudsen v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1994
- June Shyface and Patricia Shyface, as Legal Representatives of the Estate of Cheyenne Michael Shyface v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1999
- Melissa Hines, on Behalf of Her Minor Daughter, Amber Sevier v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1991
- Michael Lampe and Carolyn Lampe, Individually and as Next Friends of Rachael Lampe, a Minor v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2000
2 more not listed; retrieve them via the Exa API.
3Cited by978 opinions
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- Rose Capizzano v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2006
- De Bazan v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2008
- Broekelschen v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
973 more not listed; retrieve them via the Exa API.