BUNTING v. SECRETARY OF DHHS

No. 90-5107.

931 F.2d 867 (1991)

Gary G. BUNTING, as father and next friend of Bradley Bunting, a minor, Petitioner-Appellant, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied June 20, 1991.


Attorney(s) appearing for the Case

Albert S.C. Millar, Jr., Jacksonville, Fla., argued for petitioner-appellant.

Jennifer H. Zacks, Atty., Dept. of Justice, of Washington, D.C., argued for respondent-appellee. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen. and Barbara C. Biddle.

Before RICH, NEWMAN and PLAGER, Circuit Judges.


PAULINE NEWMAN, Circuit Judge.

This case concerns proof of causation of a Table Injury1, in accordance with the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 et seq. The issue is whether the testimonial, documentary, and medical evidence established the requisite causal relationship between the vaccine and Bradley Bunting's injury, in terms of the standard of proof pertaining to the Act.

Gary G. Bunting...

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