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Andreu v. Sec'y. of Health & Human Servs., No. 2008-5184

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By FindLaw Staff on June 18, 2009 1:00 PM

In a petition for compensation under the National Childhood Vaccine Injury Act, the denial of the petition is reversed where the special master erroneously: 1) determined that the testimony of Petitioner's physicians was insufficient to establish "a logical sequence of cause and effect" leading to Petitioner's vaccine-related injury; and 2) imposed upon Petitioner an elevated evidentiary burden, requiring conclusive proof in the medical literature linking Petitioner's symptoms to the vaccine at issue.

Read the full decision in Andreu v. Sec'y. of Health & Human Servs., No. 2008-5184.

Appellate Information:

Appeal from the United States Court of Federal Claims in case 98-VV-817, Senior Judge James F. Merow.

DECIDED on June 18, 2009

Judges:

Before NEWMAN, MAYER, and GAJARSA, Circuit Judges.

Opinoin by MAYER, Circuit Judge.

Counsel:

Clifford J. Shoemaker, Shoemaker and Associates, of Vienna, Virginia, argued for petitioners-appellants.

Darryl R. Wishard, Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Timothy P. Garren, Director, Vincent J. Matanoski, Acting Deputy Director, and Catharine E. Reeves, Assistant Director.

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