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DERIBEAUX v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 2012-5127.

717 F.3d 1363 (2013)

Madison DERIBEAUX, a minor, by her parents and natural guardians, Gus DERIBEAUX, and Kimberly Burshiem, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

June 7, 2013.

Attorney(s) appearing for the Case

Clifford J. Shoemaker , Shoemaker, Gentry & Knickelbein, of Vienna, VA, argued for petitioners-appellants.

Glenn A. MacLeod , Senior Trial Counsel, Torts Branch , Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Stuart F. Delery , Principal Deputy Assistant Attorney General, Rupa Bhattacharyya , Director, Vincent J. Matanoski , Deputy Director, and Gabrielle M. Fielding , Assistant Director.

Before LOURIE, CLEVENGER, and REYNA, Circuit Judges.

LOURIE, Circuit Judge.

Petitioners Gus Deribeaux and Kimberly Burshiem, on behalf of their daughter, Madison Deribeaux ("Deribeaux"), appeal from the judgment of the United States Court of Federal Claims affirming a special master's decision denying their claim for compensation under the National Vaccine Injury Compensation Program for injuries allegedly caused by the Diphtheria-Tetanusacellular Pertussis ("DTaP") vaccine. Deribeaux ex rel. Deribeaux v. Sec'y of...

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