Legal Opinion

Gary Koston, as the Legal Representative of His Daughter, Jenna Koston v. Secretary, Department of Health and Human Services

Court of Appeals for the Federal Circuit

Decided August 28, 1992No. 91-5135PublishedCited by 17 opinions

1Opinion of the Court

MAYER, Circuit Judge.

The Secretary of Health and Human Services appeals the judgment of the United States Claims Court, 23 Cl.Ct. 597 (1991), which affirmed the special master’s denial of the Secretary’s motion to amend his report conceding the existence of a vaccine-related residual seizure disorder for which no alternative cause was identified, and sustained an award of compensation under the National Childhood Vaccine Injury Act of 1986. We affirm.

Background

From the undisputed facts before the Claims Court, it appears that Jenna Koston (Jenna) was born on December 31, 1983 by an…

2Cases cited2 opinions

  1. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  2. Koston v. Secretary of the Department of Health & Human ServicesUnited States Court of Claims · 1991

3Cited by17 opinions

  1. 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
  2. Hanlon v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 1998
  3. Margaret Whitecotton, by Her Next Friends, Kay Whitecotton and Michael Whitecotton v. Secretary of Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1994
  4. Thomas J. Suel and Amelia K. Suel, Parents and Next Friends of David J. Suel v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1999
  5. K.L. v. Secretary of the Department of Health & Human ServicesUnited States Court of Federal Claims · 2017

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