Legal Opinion

LaLonde ex rel. M.L. v. Secretary of Health & Human Services

Court of Appeals for the Federal Circuit

Decided March 28, 2014No. 2013-5088PublishedCited by 285 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge PROST. Dissenting opinion filed by Circuit Judge NEWMAN.

PROST, Circuit Judge.

This case, brought under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-l to -34, as amended (the “Vaccine Act”), presents the question whether petitioner Cynthia LaLonde, on behalf of her son M.L., has proven by a preponderance of the evidence that M.L.’s diphtheria-tetanus-acellular pertussis (“DTaP”) vaccination caused a focal brain injury. The special master found that although M.L.’s DTaP vaccination likely caused his initial anaphylactic…

2Cases cited9 opinions

  1. Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
  2. Althen v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2005
  3. Moberly v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
  4. Debra Ann Knudsen, by Her Parents and Legal Guardians, Doris P. Knudsen and Dale Knudsen v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1994
  5. Michael Lampe and Carolyn Lampe, Individually and as Next Friends of Rachael Lampe, a Minor v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2000

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3Cited by285 opinions

  1. Contreras v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2015
  2. K.L. v. Secretary of the Department of Health & Human ServicesUnited States Court of Federal Claims · 2017
  3. Depena v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2017
  4. Anderson Ex Rel. R.A. v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2017
  5. Hirmiz v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2014

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