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PAFFORD v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 05-5106.

451 F.3d 1352 (2006)

Lisa Ann PAFFORD and Richard Leon Pafford, Parents and Next Friends of Richelle Lorrae Pafford, a minor, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

June 20, 2006.

Attorney(s) appearing for the Case

Robert T. Moxley, Gage and Moxley, of Cheyenne, Wyoming, argued for petitioners-appellants.

Melonie J. McCall, Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Peter D. Keisler, Assistant Attorney General and Timothy P. Garren, Director, and Vincent J. Matanoski, Assistant Director.

Before LOURIE, RADER, and DYK, Circuit Judges.

Dissenting opinion filed by Circuit Judge DYK.

RADER, Circuit Judge.

Richelle Pafford (Pafford) alleges that her DTaP, MMR and OPV vaccinations resulted in the onset of systemic Juvenile Rheumatoid Arthritis.1 Pafford v. Sec'y of Health & Human Servs., 2004 WL 1717359 (Ct.Fed.Cl.2004) (Trial Court Decision). Because the Special Master correctly interpreted and applied the relevant statutory test for proving causation...

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