Legal Opinion

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

United States Court of Claims

Decided May 21, 1991No. 90-579VPublishedCited by 17 opinions

1Opinion of the Court

REMAND ORDER

REGINALD W. GIBSON, Judge.

James and Elizabeth McClendon (petitioners) filed a claim under the National Vaccine Injury Compensation Program, codified as amended at 42 U.S.C.A. §§ 300aa-10 et seq. (West Supp.1991) (the Program), seeking compensation for certain injuries incurred by their daughter, Kristen McClendon. In this regard, Mr. and Mrs. McClendon alleged—that Kristen received a DPT vaccination on October 21, 1982; that she experienced an encephalopathy1 and a seizure within the next three days as a result of that vaccination; and that these injuries caused a residual seizure…

2Cases cited5 opinions

  1. Gary G. Bunting, as Father and Next Friend of Bradley Bunting, a Minor v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1991
  2. Golf City, Inc., Cross v. Wilson Sporting Goods Co., Inc., CrossCourt of Appeals for the Fifth Circuit · 1977
  3. Self v. Great Lakes Dredge & Dock Co.Court of Appeals for the Eleventh Circuit · 1987
  4. Tinnerholm v. Parke Davis & Co.District Court, S.D. New York · 1968
  5. Tinnerholm v. Parke, Davis & Co.Court of Appeals for the Second Circuit · 1969

3Cited by17 opinions

  1. Campbell v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2006
  2. Dickerson v. Secretary of Department of Health & Human ServicesUnited States Court of Federal Claims · 1996
  3. McClendon v. Secretary of the Department of Health & Human ServicesUnited States Court of Claims · 1991
  4. Centmehaiey v. Secretary of Department of HealthUnited States Court of Federal Claims · 1995
  5. Estate of Arrowood v. Secretary of the Department of Health & Human ServicesUnited States Court of Federal Claims · 1993

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