Legal Opinion

Shalala v. Whitecotton

Supreme Court of the United States

Decided April 18, 1995No. 94-372PublishedCited by 155 opinions

1Opinion of the CourtJustice Souter

The question in this case is whether a claimant who shows that she experienced symptoms of an injury after receiving a vaccination makes out a prima facie case for compensation under the National Childhood Vaccine Injury Act of 1986, 100 Stat. 3755, 42 U. S. C. §300aa-1 et seq. (1988 ed. and Supp. V), where the evidence fails to indicate that she had no symptoms of that injury before the vaccination. We hold that the claimant does not make out a case for compensation.

I

For injuries and deaths traceable to vaccinations, the Act establishes a scheme of recovery designed to work faster and with…

2Cases cited1 opinion

  1. Margaret Whitecotton, by Her Next Friends, Kay Whitecotton and Michael Whitecotton v. Secretary of Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1994

3Cited by155 opinions

  1. Moberly v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
  2. Sebelius v. CloerSupreme Court of the United States · 2013
  3. Broekelschen v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
  4. Michael Lampe and Carolyn Lampe, Individually and as Next Friends of Rachael Lampe, a Minor v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2000
  5. Snyder ex rel. Snyder v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2009

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