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HODGES v. SECRETARY OF DHHS

No. 92-5089.

9 F.3d 958 (1993)

Edwin E. HODGES and Susan E. Hodges, as Legal Representatives of the Estate of Kara Elizabeth Hodges, Deceased, Petitioners-Appellants, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

November 15, 1993.

Attorney(s) appearing for the Case

Boyd McDowell, III, McDowell, Moll, Fitzgibbons & Drew, Ltd., of Chicago, IL, argued for petitioners-appellants.

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

Before NEWMAN, Circuit Judge, SMITH, Senior Circuit Judge, and PLAGER, Circuit Judge.

PLAGER, Circuit Judge.

Edwin and Susan Hodges petitioned for compensation under the Vaccine Act1 on behalf of their daughter, Kara Hodges, who died within 3.5 hours of receiving a DPT (diphtheria-pertussis-tetanus) vaccination. The Hodges appeal the Court of Federal Claims'2 (CFC's) judgment, No. 90-551V (Jan. 24, 1992), which upholds the special master's denial of compensation. We affirm.

Kara Hodges...

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