Legal Opinion

Doe 93 v. Secretary of Health & Human Services

United States Court of Federal Claims

Decided April 29, 2011No. 07-448VPublishedCited by 31 opinions

1Opinion of the Court

OPINION AND ORDER

WILLIAMS, Judge.

This matter comes before the Court on Petitioner’s motion for review of the Special Master’s decision denying her claim that an influenza vaccination caused her to develop transverse myelitis (“TM”), a debilitating condition of the central nervous system.1 The Special Master found that Petitioner failed to show that the flu vaccine can cause TM because her expert’s theory and supporting literature were not persuasive. John Doe 93 v. Sec’y of HHS, 2010 WL 4205677, at *1 (Fed.Cl.Spec.Mstr. Oct. 20, 2010).2 Because the Special Master impermissibly elevated the…

2Cases cited23 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  3. Althen v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2005
  4. Moore v. Ashland Chemical Inc.Court of Appeals for the Fifth Circuit · 1998
  5. Moberly v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010

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3Cited by31 opinions

  1. Caves v. Secretary of Department of Health & Human ServicesUnited States Court of Federal Claims · 2011
  2. Tarsell v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2017
  3. Davis v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2012
  4. Jarvis v. Secretary of the Department of Health & Human ServicesUnited States Court of Federal Claims · 2011
  5. Contreras v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2012

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

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