Legal Opinion

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

United States Court of Federal Claims

Decided October 12, 1995No. 90-2737VPublishedCited by 1 opinion

1Opinion of the Court

OPINION

ANDEWELT, Judge.

I

In this vaccine action, petitioners, Michael and Lynette Hood, seek compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-l to -34 (the Vaccine Act), for the vaccine-related death of their daughter, Holly Hood. This action is before the court on petitioners’ motion for review of the special master’s May 4, 1995, order dismissing petitioners’ October 1,1990, petition for compensation. The special master based this dismissal on the jurisdictional bar contained in 42 U.S.C. § 300aa-ll(a)(5), which provides that “[i]f a plaintiff has…

2Cases cited13 opinions

  1. Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
  2. Amanda Beck, a Minor, by Her Father, Henry J. Beck v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1991
  3. Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
  4. Lucido v. Superior CourtCalifornia Supreme Court · 1990
  5. Lisa Munn, Personal Representative of the Estate of Chelsea Vukelich v. The Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1992

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3Cited by1 opinion

  1. Huzenlaub v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 1996

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