Legal Opinion
Walther v. Secretary of Health and Human Services
Court of Appeals for the Federal Circuit
Decided May 1, 2007No. 2006-5056PublishedCited by 189 opinions
1Opinion of the Court
DYK, Circuit Judge.
Appellant Patricia Ann Walther (“Walther”) appeals a decision of the Court of Federal Claims sustaining the decision of a special master denying compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § 300aa-l et seq. (2000) (“Vaccine Act”). Because we conclude that the special master appears to have applied an incorrect legal standard— requiring Walther to eliminate other possible causes of her injury — we vacate the decision and remand for a determination under the correct standard.
BACKGROUND
Walther was a captain in the United States Army at the…
2Cases cited12 opinions
- Althen v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2005
- Colautti v. FranklinSupreme Court of the United States · 1979
- 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
7 more not listed; retrieve them via the Exa API.
3Cited by189 opinions
- Avera v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2008
- Moberly v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
- De Bazan v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2008
- Broekelschen v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
- Cedillo v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
184 more not listed; retrieve them via the Exa API.