Legal Opinion

Depena v. Secretary of Health and Human Services

United States Court of Federal Claims

Decided August 9, 2017No. 13-675VPublishedCited by 15 opinions

1Opinion of the Court

OPINION AND ORDER

SWEENEY, Judge

Petitioners Bo and Natalie DePena seek compensation under the National Childhood Vaccine Injury Act of 1986 (“Vaccine Act”), 42 U.S.C. §§ 300aa-1 to -34 (2012), alleging that their son, R.D., 2 developed severe pneumonia as a result of a Measles-Mumps-Rubella (“MMR”) vaccination. In a February 22, 2017 decision, the special master denied petitioners’ request for compensation. Before the court is petitioners’ motion for review of the special master’s decision. For the reasons set forth below, the court denies petitioners’ motion and sustains the decision of the…

2Cases cited30 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Althen v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2005
  3. Moberly v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
  4. Andreu Ex Rel. Andreu v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2009
  5. Rose Capizzano v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2006

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3Cited by15 opinions

  1. Duncan v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2020
  2. FIORELLO v. SECRETARY OF HEALTH AND HUMAN SERVICESUnited States Court of Federal Claims · 2025
  3. Goff v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2025
  4. Gram v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2022
  5. Hitt v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2020

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