Legal Opinion

Simanski ex rel. O.A.S. v. Secretary of Health & Human Services

United States Court of Federal Claims

Decided April 2, 2014No. 03-103VPublishedCited by 52 opinions

1Opinion of the Court

OPINION

HORN, J.

On January 17, 2003, Petitioners Todd and Julia Simanski filed a timely Petition for compensation with the National Vaccine Injury Compensation Program, pursuant to the National Childhood Vaccine Injury Act of 1986, Pub.L. 99-660, Title III, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-1 et seq. (2006)) (Vaccine Act), on behalf of [O.A.S.], a minor, as her parents and next friends. After several years of delay,2 the Petitioners perfected their Petition pursuant to 42 U.S.C. § 300aa-ll(e), by filing medical records, an affidavit of Petitioner, Ms. Julia Simanski,…

2Cases cited55 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  3. Avera v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2008
  4. Althen v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2005
  5. Moberly v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010

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3Cited by52 opinions

  1. Simanski Ex Rel. O.A.S. v. Department of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2015
  2. D'Angiolini v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2015
  3. Allard v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2020
  4. Andrews v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2021
  5. Antalosky v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2022

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