Legal Opinion

Hovey v. Secretary of Department of Health & Human Services

United States Court of Federal Claims

Decided June 19, 1997No. 91-413 VPublishedCited by 63 opinions

1Opinion of the Court

OPINION

MOODY R. TIDWELL, III, Judge.

This matter is before the court on petitioners’ motion for review of the Special Master’s decision to deny an evidentiary hearing and his decision to dismiss the petition brought under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-l to -34 (1994 & Supp. I 1995). For the reasons set forth below, the court holds that neither the special master’s denial of an evidentiary hearing nor the decision to dismiss the petition was arbitrary, capricious, or an abuse of discretion, and both decisions are therefore affirmed.

FACTS

Spencer and Hortence…

2Cases cited13 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. John Cucuras and Maria Cucuras, Parents and Next Friends of Nicole Cucuras v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1993
  4. Melissa Hines, on Behalf of Her Minor Daughter, Amber Sevier v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1991
  5. 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

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3Cited by63 opinions

  1. Campbell v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2006
  2. Boley v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2008
  3. Spahn v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2017
  4. America v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2022
  5. Anderson v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2023

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