Legal Opinion

Simmons v. Secretary of Health & Human Services

Court of Appeals for the Federal Circuit

Decided November 7, 2017No. 2017-1405PublishedCited by 221 opinions

1Opinion of the Court

Prost, Chief Judge.

Appellant Henry Simmons appeals the decision of the Court of Federal Claims (“Claims Court”), Simmons v. Sec’y of HHS, 128 Fed.Cl. 579 (2016) (“Claims Court Decision”), denying attorneys’ fees and costs for his vaccine case. Because the Claims Court properly concluded that there was no reasonable basis for Mr. Simmons’s claim, we affirm.

I

Mr. Simmons first contacted counsel in August 2011, claiming that he developed Guillain-Barre Syndrome (“GBS”) as a result of his October 26, 2010 flu vaccination. He provided his vaccination record to counsel and counsel agreed to…

2Cases cited8 opinions

  1. Avera v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2008
  2. Rodriguez Ex Rel. Estate of Rodriguez v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2011
  3. Henry Hendler, Paul Garrett, Tillie Goldring, as Trustees, and Henry Hendler and Irving Gronsky v. The United StatesCourt of Appeals for the Federal Circuit · 1991
  4. Chuisano v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2014
  5. Cloer v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2011

3 more not listed; retrieve them via the Exa API.

3Cited by221 opinions

  1. Ziparo v. CSX Transp., Inc.Court of Appeals for the Second Circuit · 2021
  2. Alvarez v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2018
  3. Amankwaa v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2018
  4. Bains v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2019
  5. Barker v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2019

216 more not listed; retrieve them via the Exa API.

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