Erick Lowry, a Minor, by and Through His Legal Representative, Jean Lowry v. Secretary of Health and Human Services

DECISION

GAJARSA, Circuit Judge.

Petitioner Jean Lowry, as the legal representative of her minor son, Erick Lowry, appeals the order of the United States Court of Federal Claims Docket No. 94-451V, in which the court affirmed the Special Master’s dismissal of the petitioner’s claim under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. § 300aa-l to 34 (the “Act”). The issue before us is straightforward: whether the provision in the recently enacted Vaccine Injury Compensation Program Modification Act (the “Modification Act”) which eliminates the requirement that…