Lewis v. Secretary of Department of Health & Human Services

OPINION

NETTESHEIM, Judge.

This case is before the court after argument on respondent’s motion for review of a special master’s award on a petition for compensation brought under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-l-300aa-34 (1988), as amended by several public laws, codified in 42 U.S.C.A. §§ 300aa-l—300aa-34 (West Supp.1991) (the “Vaccine Act”). The issues upon review are whether the special master applied the proper legal standard in evaluating respondent’s claim that “factors unrelated” to the diphtheria, tetanus, pertussis (“DTP”) vaccination caused the…