Legal Opinion
Schafer v. American Cyanamid Co.
Court of Appeals for the First Circuit
Decided April 6, 1994No. 93-1422PublishedCited by 42 opinions
1Opinion of the Court
BREYER, Chief Judge.
The National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-l to 300aa-34, pro*2vides a special procedure to compensate those who are injured by certain vaccines. The Act bars those who accept an award under that procedure from later bringing a tort suit to obtain additional compensation. Id. § 300aa-21(a). The question before us in this appeal (under 28 U.S.C. § 1292(b)) is whether the Act also bars the family of such a person from bringing a tort suit to obtain compensation for their own, related, injuries, in particular, for loss of companionship or consortium. Assuming…
2Cases cited15 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Maryland v. LouisianaSupreme Court of the United States · 1981
- Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
10 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Michele Y. Terran, as Legal Representative of Julie F. Terran, a Minor v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1999
- McDonal Ex Rel. McDonal v. Abbott LaboratoriesCourt of Appeals for the Fifth Circuit · 2005
- Rooks v. Secretary of Department of Health & Human ServicesUnited States Court of Federal Claims · 1996
- In Re Lupron® Marketing & Sales Practices LitigationDistrict Court, D. Massachusetts · 2003
- O'Connell v. ShalalaCourt of Appeals for the First Circuit · 1996
37 more not listed; retrieve them via the Exa API.