Legal Opinion
De Bazan v. Secretary of Health and Human Services
Court of Appeals for the Federal Circuit
Decided August 28, 2008No. 2008-5013PublishedCited by 568 opinions
1Opinion of the Court
MICHEL, Chief Judge.
Respondent-Appellant Secretary of Health and Human Services appeals from the final judgment of the United States Court of Federal Claims awarding compensation to Petitioner-Appellee Adela Quintana de Bazan under the Vaccine Injury Compensation Program (“Vaccine Program”) established by the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-l to -34 (“Vaccine Act”).
Because we hold that the Court of Federal Claims erred as a matter of law in reversing the special master’s original entitlement ruling, we reverse.
I. BACKGROUND
The basic facts are undisputed. At…
2Cases cited6 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Althen v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2005
- 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
- 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
- Lisa Munn, Personal Representative of the Estate of Chelsea Vukelich v. The Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1992
1 more not listed; retrieve them via the Exa API.
3Cited by568 opinions
- Moberly v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
- Snyder ex rel. Snyder v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2009
- W.C. v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2013
- Shapiro v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2011
- Shapiro v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2012
563 more not listed; retrieve them via the Exa API.