ALTHEN v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 04-5146.

418 F.3d 1274 (2005)

Margaret ALTHEN, Petitioner-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

July 29, 2005.


Attorney(s) appearing for the Case

Kevin P. Conway, Conway, Homer & Chin-Caplan, P.C., Boston, Massachusetts, argued for petitioner-appellee. On the brief was Ronald C. Homer.

Anne Murphy, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellant. On the brief were Peter D. Keisler, Assistant Attorney General, and Barbara C. Biddle and William G. Cole, Attorneys. Of counsel was Elizabeth H. Saindon, Attorney, Office of the General Counsel, United States Department of Health and Human Services, of Rockville, Maryland.

Before MAYER, CLEVENGER, and SCHALL, Circuit Judges.


MAYER, Circuit Judge.

The Secretary of Health and Human Services ("government") appeals the judgment of the United States Court of Federal Claims reversing the special master's denial of Margaret Althen's claim under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § 300aa-1 to -34 ("Vaccine Act"), for loss of vision caused by a tetanus toxoid ("TT") vaccination. Althen v. Sec'y of Health & Human Servs., 58 Fed.Cl. 270 (2003) ("Althen...

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