Legal Opinion

M.S.B. Ex Rel. Bast v. Secretary of Health & Human Services

United States Court of Federal Claims

Decided July 25, 2014No. 1:01-vv-00565PublishedCited by 25 opinions

1Opinion of the Court

Vaccine Act off-table petition; IPV, DTaP, Hib, hepatitis B vaccines; seizure disorder; reactive oxygen species; oxidative stress; weight of contemporaneous medical records; mitochondrial disorder; re-challenge; Althen prongs; unreliable medical theory; factual predicate not proven; medically-inappropriate time frame.

OPINION AND ORDER

WOLSKI, Judge.

Petitioner Tiffany Bast has moved for review of then-Chief Special Master Patricia Campbell-Smith’s decision that petitioner is not entitled to compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10-300aa-34 (Vac…

2Cases cited27 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Althen v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2005
  4. United States v. MendozaSupreme Court of the United States · 1984
  5. Moberly v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010

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3Cited by25 opinions

  1. Contreras v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2015
  2. Tarsell v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2017
  3. Salter v. United StatesUnited States Court of Federal Claims · 2014
  4. Bean-Sasser v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2016
  5. Bean-Sasser v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2016

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

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