Legal Opinion

Doe/11 ex rel. Estate of Child/Doe/11 v. Secretary of the Dept. of Health & Human Services

United States Court of Federal Claims

Decided May 7, 2009No. 99-212VPublishedCited by 10 opinions

1Opinion of the Court

OPINION AND ORDER

WILLIAMS, Judge.

This matter comes before the Court on Petitioners’ Motion for Review of the Special Master’s Decision on Remand, which denied Petitioners’ claim that the Hepatitis B vaccine caused the death of their daughter, Monica.

In the original Decision on Entitlement, the Special Master ruled that Petitioners did not establish that the vaccine caused Monica’s death, and instead found that a “factor unrelated” to the Hepatitis B vaccination, Sudden Infant Death Syndrome (SIDS), which the Special Master characterized as asphyxiation, overlaying or wedging, caused her…

2Cases cited15 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. Althen v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2005
  3. Rose Capizzano v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2006
  4. Debra Ann Knudsen, by Her Parents and Legal Guardians, Doris P. Knudsen and Dale Knudsen v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1994
  5. June Shyface and Patricia Shyface, as Legal Representatives of the Estate of Cheyenne Michael Shyface v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1999

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3Cited by10 opinions

  1. Doe v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2010
  2. Tarsell v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2017
  3. Doe/11 ex rel. Estate of Doe/11 v. Secretary of the Department of Health & Human ServicesUnited States Court of Federal Claims · 2009
  4. Cheryl Koehn, as Mother and Next Friend of Vanessia Koehn v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2013
  5. Copenhaver v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2016

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