Legal Opinion
O'Connell v. Shalala
Court of Appeals for the First Circuit
Decided March 11, 1996No. 95-1355PublishedCited by 65 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This is a petition for review and vacatur of a final rule promulgated by the Secretary of Health and Human Services (the Secretary) under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 through 300aa-34 (1994). We have jurisdiction under 42 U.S.C. § 300aa-32. In the pages that follow, we explore the pertinent statutory framework, recount the proceedings to date, and then examine the petitioners’ three-pronged challenge. When all is said and done, we deny the petition and leave the rule intact.
I. THE STATUTORY SCHEME
The administration of childhood…
2Cases cited28 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Stinson v. United StatesSupreme Court of the United States · 1993
- Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
- Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
- K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
23 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Michele Y. Terran, as Legal Representative of Julie F. Terran, a Minor v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1999
- Navarro Pomares v. Pfizer CorporationCourt of Appeals for the First Circuit · 2001
- Donald K. Stern v. United States District Court for the District of MassachusettsCourt of Appeals for the First Circuit · 2000
- Benitez-Pons v. The CommonwealthCourt of Appeals for the First Circuit · 1998
- United States v. CardozaCourt of Appeals for the First Circuit · 1997
60 more not listed; retrieve them via the Exa API.