Legal Opinion
Doe v. Secretary of Health and Human Services
Court of Appeals for the Federal Circuit
Decided April 13, 2010No. 2009-5096PublishedCited by 171 opinions
1Opinion of the Court
PROST, Circuit Judge.
This is a Vaccine Act 1 case. We must decide whether the claimants, John and Jane Doe (collectively “Doe”), met their burden of proving that their daughter Monica’s death was caused by a hepatitis B vaccination. See 42 U.S.C. § 300aa-11. It is an off-Table case because Monica’s injury is not listed in the Vaccine Act Injury Table. See 42 U.S.C. § 300aa-14; 42 C.F.R. § 100.3(a). Accordingly, the burden was on Doe to prove that Monica’s death was actually caused by the vaccine. 42 U.S.C. § 300aa-11(e); see Walther v. Sec’y of Health & Human Servs., 485 F.3d 1146, 1149…
2Cases cited12 opinions
- Althen v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2005
- Moberly v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
- 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
- De Bazan v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2008
- 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
7 more not listed; retrieve them via the Exa API.
3Cited by171 opinions
- Broekelschen v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
- Porter v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2011
- Hibbard v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2012
- Cynthia La Londe, Parent of M.L., a Minor v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2013
- Veryzer v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2011
166 more not listed; retrieve them via the Exa API.