Legal Opinion
Simanski Ex Rel. O.A.S. v. Department of Health & Human Services
Court of Appeals for the Federal Circuit
Decided February 26, 2015No. 2014-5077UnpublishedCited by 52 opinions
1Opinion of the Court
HUGHES, Circuit Judge.
Todd Simanski and Julia Simanski appeal the United States Court of Federal Claims’s affirmance of a Special Master’s denial of compensation for their child, O.A.S., under the National Childhood Vaccine Injury Act. In certain cases, identifying the injury that is a basis for a claim under the Vaccine Act is a prerequisite to establishing causation of an injury by a vaccine. Because the Special Master did not act arbitrarily or capriciously by finding that the evidence shows that O.A.S. suffers from a disease for which the Si-manskis did not put forth a theory of…
2Cases cited14 opinions
- Althen v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2005
- Moberly v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
- Andreu Ex Rel. Andreu v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2009
- Rose Capizzano v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2006
- John Cucuras and Maria Cucuras, Parents and Next Friends of Nicole Cucuras v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1993
9 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- D'Angiolini v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2015
- Allard v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2020
- Andrews v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2021
- Antalosky v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2022
- Armbruster v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2020
47 more not listed; retrieve them via the Exa API.