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TEMBENIS v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 2013-5029.

733 F.3d 1190 (2013)

Harry TEMBENIS and Gina Tembenis, Administrators of the Estate of Elias Tembenis, Deceased, Petitioners-Appellees, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

October 28, 2013.

Attorney(s) appearing for the Case

Joseph Pepper , Conway, Homer & Chin-Caplan, P.C., of Boston, Massachusetts, argued for petitioners-appellees. On the brief was Ronald C. Homer.

Michael E. Robinson , Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for the respondent-appellant. With him on the brief were Stuart F. Delery , Principal Deputy Assistant Attorney General, and Michael S. Raab , Attorney. Of counsel was Ryan D. Pyles , Attorney.

Before O'MALLEY, CLEVENGER, and TARANTO, Circuit Judges.

CLEVENGER, Circuit Judge.

This is a National Childhood Vaccine Injury Act of 1986 ("Vaccine Act") case. See 42 U.S.C. § 300aa-1 et seq. The question before us is whether the estate of a petitioner who dies prior to judgment is entitled to compensation for lost future earnings. The United States Court of Federal Claims ("Claims Court") answered in the affirmative. Tembenis v. Sec'y of Health & Human Servs., No. 03-2820V, 2012 WL 5395405...

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