KOSTON v. SEC. DEPT. OF HEALTH & HUMAN SERVICES

No. 91-5135.

974 F.2d 157 (1992)

Gary KOSTON, as the legal representative of his daughter, Jenna Koston, Respondent, v. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Petitioner.

United States Court of Appeals, Federal Circuit.

August 28, 1992.


Attorney(s) appearing for the Case

Helene M. Goldberg, Director, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., argued for petitioner. With her on the brief was Stuart M. Gerson, Asst. Atty. Gen.

Curtis R. Webb, of Webb, Pedersen & Webb, Twin Falls, Idaho, argued for respondent.

Before ARCHER, MAYER, and MICHEL, Circuit Judges.


MAYER, Circuit Judge.

The Secretary of Health and Human Services appeals the judgment of the United States Claims Court, 23 Cl.Ct. 597 (1991), which affirmed the special master's denial of the Secretary's motion to amend his report conceding the existence of a vaccine-related residual seizure disorder for which no alternative cause was identified, and sustained an award of compensation under the National Childhood Vaccine Injury Act of 1986. We affirm.

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