Aull v. Secretary of Health of Human Services

SCHALL, Circuit Judge.

Daniel L. and Frances C. Aull, as co-administrators of their deceased son’s estate, 1 appeal the final decision of the United States Court of Federal Claims that sustained the decision of the special master dismissing their petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-l to -34 (‘Vaccine Act” or “Act”) for lack of jurisdiction. Aull v. Sec’y of Health & Human Sews., 65 Fed.Cl. 400 (2005) (“Aull II ”). The special master ruled that the pendency in state court of a claim against the administering physician for…