Legal Opinion

Carson v. Secretary of Health & Human Services

Court of Appeals for the Federal Circuit

Decided August 28, 2013No. 2010-5089PublishedCited by 44 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge WALLACH.

Dissenting opinion filed by Circuit Judge NEWMAN.

WALLACH, Circuit Judge.

Parents Amy and Stacy Carson (“Petitioners”) filed a petition for compensation on behalf of their son, Kit Carson, under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-l to -34 (2006) (“Vaccine Act”). The Chief Special Master dismissed the petition as untimely filed. The United States Court of Federal Claims affirmed and dismissed the Petitioners’ petition for review. See Carson v. Sec’y of Health & Human Servs., 97 Fed. Cl. 620, 621 (2010). We affirm.

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2Cases cited6 opinions

  1. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  2. Broekelschen v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
  3. Cloer v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2011
  4. Michael and Melissa Markovich, Parents of Ashlyn M. Markovich v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2007
  5. Wilkerson v. Secretary of Health and Human Servs.Court of Appeals for the Federal Circuit · 2010

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3Cited by44 opinions

  1. Snyder v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2014
  2. C. K., as Mother and Next Friend of V.K. v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2013
  3. K.L. v. Secretary of the Department of Health & Human ServicesUnited States Court of Federal Claims · 2017
  4. Griffin v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2015
  5. Somosot Ex Rel. R.D.S. v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2014

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