Legal Opinion
Steven Gilbert, by His Mother and Father and Next Friends Veronica Gilbert and Carey Gilbert v. Secretary of Health and Human Services
Court of Appeals for the Federal Circuit
Decided March 21, 1995No. 94-5132PublishedCited by 34 opinions
1Opinion of the Court
FRIEDMAN, Senior Circuit Judge.
Section 21(a) of the National Childhood Vaccine Injury Act of 1986 (the Vaccine Act), 42 U.S.C. § 300aa-21(a) (1988 & Supp. V 1994), provides that if the Court of Federal Claims has entered a final judgment under the Act for vaccine-related injury, the petitioner must file with that court within 90 days of the judgment a written election to accept the judgment or to file a civil action for damages for such injury. If the petitioner does not file an election within that period, the petitioner is deemed to have elected to accept the judgment. If the vaccine was…
2Cases cited3 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
3Cited by34 opinions
- Percy Stanley Harris v. Ronald Hutchinson, Warden, Maryland House of Corrections J. Joseph Curran, Jr., Attorney General of the State of MarylandCourt of Appeals for the Fourth Circuit · 2000
- Kenneth Bernard Rouse v. R.C. Lee, Warden, Central Prison, Raleigh, North CarolinaCourt of Appeals for the Fourth Circuit · 2003
- Steven Taliani v. James Chrans, WardenCourt of Appeals for the Seventh Circuit · 1999
- Cintron v. WestUnited States Court of Appeals for Veterans Claims · 1999
- Vessels v. Secretary of Department of Health & Human ServicesUnited States Court of Federal Claims · 2005
29 more not listed; retrieve them via the Exa API.