Legal Opinion
Benedict v. Secretary of the Department of Health & Human Services
United States Court of Federal Claims
Decided September 30, 1993No. 90-2148VPublishedCited by 5 opinions
1Opinion of the Court
OPINION
ROBINSON, Judge.
On October 1, 1990, petitioner filed a request for compensation in the Court of Federal Claims 1 under the National Childhood Vaccine Act, (the “Vaccine Act” or the “Act”),2 42 U.S.C. §§ 300aa-l to -34 (1988), amended by several public laws (codified as amended at 42 U.S.C.A. §§ 300aa-1 to -34 (West Supp.1993)), for the allegedly vaccine-related injury of Bryan Matthew Totterdale. On April 13,1993, Special Master Richard B. Abell dismissed the petition for lack of jurisdiction pursuant to § 11(a)(6) of the Vaccine Act, concluding that the petitioner was precluded from…
2Cases cited14 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Logan v. Zimmerman Brush Co.Supreme Court of the United States · 1982
- United States v. KrasSupreme Court of the United States · 1973
- Melissa Hines, on Behalf of Her Minor Daughter, Amber Sevier v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1991
- Alisa Bradley and Ronald Bradley, Parents and Next Friends of Rachel Bradley v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1993
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3Cited by5 opinions
- Klahn v. Secretary of Department of Health & Human SevicesUnited States Court of Federal Claims · 1994
- Berta Salceda, as the Legal Representative of Her Daughter, Maria Isabel Salceda v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1995
- Salceda v. Secretary of Department of Health & Human ServicesUnited States Court of Federal Claims · 1994
- Brown v. Secretary of the Department of Health & Human ServicesUnited States Court of Federal Claims · 1995
- Jan Paul Benedict, Conservator of the Estate of Bryan Matthew Totterdale, a Minor v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1993