Legal Opinion

Kennedy ex rel. Kennedy v. Secretary of Health & Human Services

United States Court of Federal Claims

Decided May 16, 2011No. 90-1009VPublishedCited by 41 opinions

1Opinion of the Court

OPINION

ALLEGRA, Judge:

Melissa Kennedy, as next friend of her brother, Michael Dan Kennedy,2 seeks review of an order issued by Special Master George Hastings, Jr. denying a motion under RCFC 60 seeking relief from a judgment entered in 1992. Petitioner originally brought this action pursuant to the National Vaccine Injury Compensation Act (the Vaccine Act), 42 U.S.C. §§ 300aa-10 to 300aa-34 (2006), alleging that he suffers from mental retardation as a result of a diphtheria, pertussis and tetanus (DPT) vaccination he received. The petition was denied in 1992. Petitioner claims, however, that…

2Cases cited119 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Link v. Wabash RailroadSupreme Court of the United States · 1962
  3. Morrissey v. BrewerSupreme Court of the United States · 1972
  4. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  5. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993

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3Cited by41 opinions

  1. Simanski ex rel. O.A.S. v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2014
  2. Lasnetski v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2016
  3. K.L. v. Secretary of the Department of Health & Human ServicesUnited States Court of Federal Claims · 2017
  4. Wagstaff v. United StatesUnited States Court of Federal Claims · 2014
  5. Lone Star Industries, Inc. v. United StatesUnited States Court of Federal Claims · 2013

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