Joseph v. Secretary of the Department of Health & Human Services

OPINION

MARGOLIS, Judge.

This vaccine case comes before the court on the petitioners’ motion to review the special master’s order dismissing with prejudice their petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l, et seq. (hereinafter “Vaccine Act”)1, for lack of jurisdiction. Petitioners filed their vaccine compensation claim while an unspecified civil action in Pennsylvania state court was pending. Taking advantage of the state’s unique procedural system, petitioners filed their civil action against three drug manufacturers and a hospital…