Legal Opinion

Rich v. Secretary of Health and Human Services

United States Court of Federal Claims

Decided December 1, 2016No. 12-742VPublishedCited by 10 opinions

1Opinion of the Court

Keywords: Vaccine Act; Contemporaneous Medical Records; Althen Test; Arbitrary and Capricious.

OPINION AND ORDER

KAPLAN, Judge.

This ease is before the Court on Petitioner Sydney Rich’s motion to review the special master’s decision denying compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (Vaccine Act). Ms. Rich alleged that an influenza vaccination caused her to develop acute disseminated encephalomyopathy (ADEM). 1 On June 30, 2016, a special master denied compensation, concluding that Ms. Rich failed to demonstrate that the vaccination caused…

2Cases cited12 opinions

  1. Althen v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2005
  2. Moberly v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
  3. Andreu Ex Rel. Andreu v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2009
  4. 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
  5. Broekelschen v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010

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3Cited by10 opinions

  1. K.L. v. Secretary of the Department of Health & Human ServicesUnited States Court of Federal Claims · 2017
  2. A. v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2023
  3. Abbott v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2020
  4. Caron v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2018
  5. Harrington v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2018

5 more not listed; retrieve them via the Exa API.

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