Legal Opinion
Hebert v. Secretary of Health & Human Services
United States Court of Federal Claims
Decided April 8, 2005No. Nos. 02-2050V, 02-2052V, 02-2053V, 02-2055V, 02-2058V, 02-2059V, 02-2060V, 02-2063V, 02-2064V, 02-2065V, 02-2066V, 02-2067VPublishedCited by 1 opinion
1Opinion of the Court
OPINION
BASKIR, Judge.
Petitioners seek review of the Special Master’s dismissal of their Petitions for Compensation (“Petitions”) under the National Childhood Vaccine Injury Act of 1986 (“Vaccine Act” or “Act”), 42 U.S.C. §§ 300aa-l et seq., as time-barred. Petitioners contend that the Act’s statute of limitations Incorporates state tolling statutes for minors. We conclude otherwise, and DENY the Petitions for Review.
*44 Background
Through the Vaccine Act, Congress mandated the establishment of a National Vaccine Program “to achieve optimal prevention of human infectious diseases through…
2Cases cited12 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- United States v. BrockampSupreme Court of the United States · 1997
- 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
- Harold E. Bailey, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
- Rhi Holdings, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1998
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3Cited by1 opinion
- Mooney v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2015