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MOBERLY v. SEC., HEALTH AND HUMAN SERVICES

No. 2009-5057.

592 F.3d 1315 (2010)

Molly MOBERLY, by her mother and next friend, Teresa MOBERLY, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

January 13, 2010.

Attorney(s) appearing for the Case

Kevin P. Conway, Conway, Homer and Chin-Caplan, P.C., of Boston, MA, argued for petitioners-appellants. On the brief was Ronald C. Homer.

Voris E. Johnson, Jr., Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Tony West, Assistant Attorney General, Timothy P. Garren, Director, Mark W. Rogers, Deputy Director, Gabrielle M. Fielding, Assistant Director, and Ryan D. Pyles, Trial Attorney.

Before BRYSON, PROST, and MOORE, Circuit Judges.

BRYSON, Circuit Judge.

This Vaccine Act case presents the question whether a child's seizure disorder was shown to have been caused by a vaccination. The special master found that the petitioners failed to establish causation, and the Court of Federal Claims upheld that finding. We affirm.

I

Molly Moberly was born in Lincoln, Nebraska, on May 17, 1996. On July 17, 1996, she received her first set of vaccinations, including her first Diphtheria-Pertussis...

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