Legal Opinion

Graves ex rel. Estate of Graves v. Secretary of the Dept. of Health & Human Services

United States Court of Federal Claims

Decided February 25, 2013No. 02-1211 VPublishedCited by 62 opinions

1Opinion of the Court

Merow, Senior Judge.

Vaccine Act; application of statutory cap on pain, suffering and emotional distress in death ease; 42 U.S.C. § 300aa-15(a)(4); Youngblood v. Sec’y of HHS, 32 F.3d 552 (Fed.Cir.1994).

OPINION AND ORDER

For the death of their infant daughter Hayley Nicole Graves (Hayley), Walter and Lisa Graves, as representatives of Hayley’s Estate (petitioners), seek compensation under the National Childhood Vaccine Injury Act of 1986 (the Vaccine Act), 42 U.S.C. §§ 300aa-l to 300aa-34 (2006). Hayley began having seizures two days after her Prev-nar 1vaccination on August 8, 2000. Upon…

2Cases cited67 opinions

  1. Richards v. United StatesSupreme Court of the United States · 1962
  2. Nathaniel Saxton, by and Through His Legal Representatives, Steven and Candace Saxton v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1993
  3. Althen v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2005
  4. 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
  5. Horizon/CMS Healthcare Corporation v. AuldTexas Supreme Court · 2000

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3Cited by62 opinions

  1. United States v. Tobias ElsassCourt of Appeals for the Sixth Circuit · 2014
  2. A. v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2021
  3. Attig v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2019
  4. B. v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2020
  5. Binette v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2019

57 more not listed; retrieve them via the Exa API.

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