Legal Opinion
Tembenis v. Secretary of Health & Human Services
Court of Appeals for the Federal Circuit
Decided October 28, 2013No. 18-2426PublishedCited by 9 opinions
1Opinion of the Court
CLEVENGER, Circuit Judge.
This is a National Childhood Vaccine Injury Act of 1986 (“Vaccine Act”) case. See 42 U.S.C. § 300aa-1 et seq. The question before us is whether the estate of a petitioner who dies prior to judgment is entitled to compensation for lost future earnings. The United States Court of Federal Claims (“Claims Court”) answered in the affirmative. Tembenis v. Sec’y of Health & Human Servs., No. 03-2820V, 2012 WL 5395405 (Fed.Cl. Oct. 19, 2012) (“Trial Op.”). Because eligibility for future lost earnings under § 300aa- 15(a)(3)(B) requires the person suffering from a…
2Cases cited11 opinions
- Miles v. Apex Marine Corp.Supreme Court of the United States · 1990
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Bruesewitz v. Wyeth LLCSupreme Court of the United States · 2011
- Shalala v. WhitecottonSupreme Court of the United States · 1995
- Locane v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2012
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3Cited by9 opinions
- Halliburton, Inc. v. Administrative Review BoardCourt of Appeals for the Fifth Circuit · 2014
- Scanlon v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2013
- Day v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2016
- Contreras v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2022
- Day v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2016
4 more not listed; retrieve them via the Exa API.