Jerry L. Weddel, and Wife Lea Ann Weddel, on Behalf of Their Minor Daughter, Cassie Ann Weddel v. Secretary of Health and Human Services
Court of Appeals for the Federal Circuit
1Opinion of the Court
CLEVENGER, Circuit Judge.
Jerry and Lea Ann Weddel appeal from the judgment of the Court of Federal Claims, No. 94-524V (Dec. 6, 1995), which affirmed the Special Master’s June 29, 1995 decision that section 16(a)(1) of the Vaccine Act, 42 U.S.C. § 300aa-16(a)(l) (1994), is a statute of repose which is not subject to equitable tolling, and that the Weddels are not entitled to an extension of the statutory deadline even if equitable tolling is available under the Act. We affirm.
I
In April 1988, the Weddels filed a tort action in Texas state court for seizures allegedly suffered by their daughter…
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