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WIGGINS v. SECRETARY OF DHHS

No. 89-1615.

898 F.2d 1572 (1990)

Shelly WIGGINS and Michael Wiggins, Plaintiffs-Appellants, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 27, 1990.

Attorney(s) appearing for the Case

Vincent R. Petrucelli, Petrucelli & Petrucelli, P.C., Iron River, Mich., submitted for plaintiffs-appellants. With him on the brief was Joseph C. Sartorelli.

Michael E. Robinson, Dept. of Justice, Washington, D.C., submitted for defendant-appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty. and Michael Jay Singer.

Before MARKEY, Chief Judge, NEWMAN, Circuit Judge, and BEER, District Judge.

PAULINE NEWMAN, Circuit Judge.

This appeal of the decision of the United States Claims Court, Wiggins v. Secretary of the Department of Health and Human Services, 17 Cl.Ct. 551 (1989), requires interpretation of certain provisions of the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 et seq.

The facts are not in dispute. Michael Wiggins was born in 1981, and in 1982 the family physician inoculated Michael with DPT (diphtheria...

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