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MUNN v. SECRETARY OF DHHS

No. 91-5020.

970 F.2d 863 (1992)

Lisa MUNN, Personal Representative of the Estate of Chelsea Vukelich, Petitioner, v. The SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

July 23, 1992.

Attorney(s) appearing for the Case

Michael R. Hugo, Schlichtmann, Conway, Crowley & Hugo, of Boston, Mass., argued, for petitioner.

Laura Radack, Trial Atty., Torts Branch, Civil Div., Dept. of Justice, of Washington, D.C., argued, for respondent. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., Helene M. Goldberg, Director, Torts Branch, Civil Div., John Lodge Euler, Deputy Director and Charles R. Gross, Asst. Director.

Before MICHEL, Circuit Judge, COWEN, Senior Circuit Judge, and PLAGER, Circuit Judge.

PLAGER, Circuit Judge.

In this case we are being asked whether the loss sustained by the family of Chelsea Vukelich as a result of her tragic death in childhood qualifies for compensation under the National Vaccine Injury Compensation Program (the Program).1 The Claims Court, upon review of the decision of the special master, has said no. Before we exercise our appellate review authority, we must first clarify the nature and scope of that...

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