CLOER v. SECRETARY OF HEALTH AND HUMAN SERVICES

Attorney(s) appearing for the Case

Robert T. Fishman , of Denver, CO, argued for petitioner-appellant on rehearing en banc. With him on the brief was Mari C. Bush, Kaye and Bush, LLC, of Denver, CO. Of counsel on the brief was Robert T. Moxley , Robert T. Moxley, P.C., of Cheyenne, WY.

Anisha S. Dasgupta , Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee on rehearing en banc. With her on the brief were Tony West , Assistant Attorney General, Timothy P. Garren , Director, Mark W. Rogers , Deputy Director, Gabrielle M. Fielding , Assistant Director. Of counsel on the brief were Thomas M. Bondy , Attorney, and Lynn E. Ricciardella , Trial Attorney.

Martin James Martinez , Martinez Law Office, of Napa, CA, amicus curiae on rehearing en banc.

Thomas Neville , Ogborn Summerlin & Ogborn, LLC, of Denver, CO, for amicus curiae Colorado Trial Lawyers Association on rehearing en banc.

Clifford J. Shoemaker , Shoemaker & Associates, of Vienna, VA, for amicus curiae National Vaccine Information Center on rehearing en banc.

Kevin P. Conway , Conway, Homer & Chin-Caplan, P.C., of Boston, MA for amici curiae the Vaccine Injured Petitioners' Bar Association, et al. on rehearing en banc.

Opinion for the court filed by Circuit Judge CLEVENGER, in which Chief Judge RADER and Circuit Judges LOURIE, BRYSON, GAJARSA, PROST, MOORE, and O'MALLEY join. Dissenting opinion filed by Circuit Judge DYK, in which Circuit Judges NEWMAN, LINN, and REYNA join.