Kaminski v. Secretary of Health & Human Services

OPINION

WIESE, Judge.

Introduction

Respondent, the Secretary of Health and Human Services, sues here to set aside a decision of the Office of Special Masters awarding compensation under the National Childhood Vaccine Injury Act of 1986, Pub.L. No.99-660,100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-l to 300aa-34 (1994 & Supp. I 1995)) (‘Vaccine Act”) to Maurine Kaminski (now Maurine Sweet), the mother and legal representative of the deceased child Christina Kaminski. The case is now before the court on respondent’s motion for review. Two issues are raised: first, whether the special…