Legal Opinion
Phillips-Deloatch ex rel. Estate of Roberts v. Secretary of Health & Human Services
United States Court of Federal Claims
Decided April 2, 2012No. 09-171VPublishedCited by 2 opinions
1Opinion of the Court
ORDER
ALLEGRA, Judge:
Petitioner, via this mandamus petition, seeks an order directing Special Master Christian Moran to allow her to subpoena information from the pharmaceutical company that manufactures the vaccine that allegedly killed the decedent in this case. For the reasons that follow, the court DENIES the mandamus petition.
I. BACKGROUND
The facts relevant to this petition are not in dispute.
Moshella Roberts was born in 1987. On April 1, 2008, she was administered a dose of the Gardasil HPV vaccine. On April 5, 2008, she was found dead. A subsequent autopsy failed to determine the cause…
2Cases cited22 opinions
- Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
- Allied Chemical Corp. v. Daiflon, Inc.Supreme Court of the United States · 1980
- Althen v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2005
- Gulfstream Aerospace Corp. v. Mayacamas Corp.Supreme Court of the United States · 1988
- De Beers Consolidated Mines, Ltd. v. United StatesSupreme Court of the United States · 1945
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3Cited by2 opinions
- Doug Paluck and Rhonda Paluck, as Parents and Natural Guardians on Behalf of Their Minor Son, Karl Paluck v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2013
- Phillips-Deloatch v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2015