Costa v. Secretary of Department of Health & Human Services

OPINION

MOODY R. TIDWELL, III, Judge:

This action comes before the court on the Special Master’s certification of this case for interlocutory appeal. For the reasons set forth below, the court vacates the decision of the Special Master and remands the case for proceedings not inconsistent with this opinion.

FACTS

Stephen Costa was born on February 21, 1969. Although Stephen was born with tuberous sclerosis (“TS”), a neurocutaneous disorder affecting the skin and nervous system, the disorder had not clinically manifested itself and Stephen appeared to be a normal child. He received his first…