Legal Opinion

Ashe-Cline v. Secretary of Department of Health & Human Services

United States Court of Federal Claims

Decided October 29, 1993No. 90-1823VPublishedCited by 2 opinions

1Opinion of the Court

Opinion

WEINSTEIN, Judge.

Respondent’s motion for review raises a significant issue: whether the special master may order the payment of attorneys’ fees and costs to a petitioner who was found to be ineligible for an award of compensation for vaccine-related injuries under the National Vaccine Injury Compensation Program (Program), Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub.L. No. 99-660, 100 Stat. 3743, 3758 (the Act or the Vaccine Act) (codified as amended at 42 U.S.C. § 300aa-l to 300aa-341 (1988 & Supp. III 1991)), when the petitioner has not made an “election ... to…

2Cases cited39 opinions

  1. United States v. TestanSupreme Court of the United States · 1976
  2. United States v. SherwoodSupreme Court of the United States · 1941
  3. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  4. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
  5. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992

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3Cited by2 opinions

  1. Holihan v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 1999
  2. Hebert v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2005

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