Legal Opinion

Holmes v. Secretary of Health and Human Services

United States Court of Federal Claims

Decided April 24, 2014No. 1:08-vv-00185PublishedCited by 18 opinions

1Opinion of the Court

OPINION AND ORDER

WOLSKI, Judge.

Petitioner James Holmes has moved for a review of Special Master Denise K. Vowell’s decision that he is not entitled to compensation under the National Vaccine Injury Compensation program, 42 U.S.C. §§ 300aa-10 et seq. (the Vaccine Act). 1 Petitioner alleges that a tetanus and diphtheria (Td) vaccination caused him to develop a seizure disorder. Petitioner raises three objections to the Special Master’s decision to dismiss the petition. First, petitioner challenges the Special Master’s reliance on statistical factors in determining causation. Second, petitioner…

2Cases cited24 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  4. Althen v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2005
  5. Moberly v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010

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3Cited by18 opinions

  1. Copenhaver ex rel. Copenhaver v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2016
  2. K.L. v. Secretary of the Department of Health & Human ServicesUnited States Court of Federal Claims · 2017
  3. Spahn v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2017
  4. Brown v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2020
  5. Contreras v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2015

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

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