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PHILLIPS v. SECRETARY OF DHHS

No. 92-5099.

988 F.2d 111 (1993)

Randall Lee PHILLIPS and Deborah Jane Phillips, parents and next friends of Randall Lee Phillips, II, Petitioners-Appellants, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 26, 1993.

Attorney(s) appearing for the Case

Robert T. Moxley, Gage & Moxley, Cheyenne, WY, argued for petitioners-appellants. With him on the brief was Richard Gage.

Mary Hampton Mason, Atty., Torts Branch, Dept. of Justice, Washington, DC, argued for respondent-appellee. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., Helene M. Goldberg and John Lodge Euler, Attys.

Before NEWMAN, MAYER, and PLAGER, Circuit Judges.

PER CURIAM.

BACKGROUND

This is a vaccine compensation case. Pursuant to the provisions of the National Childhood Vaccine Injury Act (Vaccine Act), 42 U.S.C.A. § 300aa-1 to 300aa-34 (West 1991), Randall Lee Phillips I (the father) and Deborah Jane Phillips (the grandmother) petitioned for compensation for injuries sustained by the infant, Randall Lee II. Petitioners alleged that Randall Lee II suffers from encephalopathy and seizure disorder as a result...

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