Figueroa Ex Rel. Estate of Figueroa v. Secretary of Health & Human Services

The majority’s opinion clearly conflicts with binding Supreme Court precedent, the plain language of the Vaccine Act, and decades of consistent decisions by the United States Court of Federal Claims. I must respectfully dissent.

I

The majority holds that Ms. Figueroa’s petition with the National Vaccine Compensation Program was permissible because she was the legal representative of Mr. Figueroa’s estate and Mr. Figueroa’s cause of action for injuries he sustained from a vaccine survived his unrelated death. To reach that conclusion, the majority does not rely on any express language in the…