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YOUNGBLOOD v. SECRETARY OF DEPT. OF HEALTH

No. 93-5181.

32 F.3d 552 (1994)

Doris M. YOUNGBLOOD and Cecil R. Youngblood as Natural Guardians and Next Friends of Matthew L. Youngblood, Petitioners-Appellees, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

August 10, 1994.

Attorney(s) appearing for the Case

Randell C. Ogg, Sherman, Meehan & Curtin, P.C., Washington, DC, argued for petitioners-appellees. With him on the brief was Matthew P. Maloney.

Christine N. Kohl, Atty., Dept. of Justice, Washington, DC, argued for respondent-appellant. With her on the brief were Frank W. Hunger, Asst. Atty. Gen. and Barbara C. Biddle, Atty.

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

ARCHER, Chief Judge.

The Secretary of the Department of Health and Human Services (HHS) appeals from a decision of the United States Court of Federal Claims affirming the Special Master's decision that the present value discount provision of the National Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 to -34 (1988 & Supp. IV 1992) (Vaccine Act), should be applied before determining whether the Vaccine Act's statutory $250,000 cap on pain and suffering...

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