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EUKEN v. SECRETARY OF DEPT. OF HEALTH & HUM. SERV.

No. 93-5064.

34 F.3d 1045 (1994)

Anthony Corey EUKEN, an infant by his Next Friend and Mother, Deborah EUKEN, as Legal Representative, Petitioner-Appellee, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

September 7, 1994.

Attorney(s) appearing for the Case

Frances W. Russell, Clark & Stant, P.C., Virginia Beach, VA, argued, for petitioner-appellee. With him on the brief was Stephen C. Swain.

William G. Cole, Atty., Dept. of Justice, Washington, DC, argued, for respondent-appellant. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen. and Barbara C. Biddle, Atty. Tarek Sawi, Dept. of Justice, Washington, DC, also represented respondent-appellant.

Before ARCHER, Chief Judge, NEWMAN and CLEVENGER, Circuit Judges.

DECISION

ARCHER, Chief Judge.

The Secretary of the Department of Health and Human Services (Secretary) appeals the judgment of the United States Claims Court1 affirming the decision of the Special Master that in calculating lost earnings under the National Childhood Vaccine Injury Act of 1986, the Federal Insurance Contributions Act (FICA) tax is not an "appropriate tax" within the meaning of the statute to be deducted...

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