Legal Opinion

Thomas J. Suel and Amelia K. Suel, Parents and Next Friends of David J. Suel v. Secretary of Health and Human Services

Court of Appeals for the Federal Circuit

Decided September 17, 1999No. 98-5153PublishedCited by 53 opinions

1Opinion of the Court

BLACK, Judge.

The Secretary of Health and Human Services (“the Secretary”) appeals from the decision of the United States Court of Federal Claims which sustained a compensation decision by the Special Master issued pursuant to the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-l to -34 (“the Act”). Based on the Secretary’s failure to appeal the earlier remand by the Court of Federal Claims or to reopen the case on the entitlement issue on the basis of newly discovered evidence, the law of the case doctrine counsels affir-mance.

Factual Background

David Suel was born on June 8, 1986,…

2Cases cited25 opinions

  1. The Perkin-Elmer Corporation, a Corporation of New York v. Computervision Corporation, a Corporation of DelawareCourt of Appeals for the Federal Circuit · 1984
  2. Central Soya Company, Inc. v. Geo. A. Hormel & CompanyCourt of Appeals for the Federal Circuit · 1983
  3. Gould, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1995
  4. Margaret Whitecotton, by Her Next Friends, Kay Whitecotton and Michael Whitecotton v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1996
  5. Roberts v. CooperSupreme Court of the United States · 1858

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3Cited by53 opinions

  1. Township of Saddle Brook v. United StatesUnited States Court of Federal Claims · 2012
  2. Tien Fu Hsu v. County of ClarkNevada Supreme Court · 2007
  3. Bannum, Inc. v. United StatesUnited States Court of Federal Claims · 2003
  4. George G. Hardie, Kard King, Inc., and Park Place Associates, Ltd. v. United StatesCourt of Appeals for the Federal Circuit · 2004
  5. Applegate v. United StatesUnited States Court of Federal Claims · 2002

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

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