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McALLISTER v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 95-5071.

70 F.3d 1240 (1995)

Robert McALLISTER, Individually and as Parent and Natural Guardian of Dana McAllister, infant, Petitioner-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

November 16, 1995.

Attorney(s) appearing for the Case

Preston J. Douglas, Fuchsberg & Fuchsberg, New York City, argued for petitioner-appellant.

Catharine E. Reeves, Torts Branch, U.S. Department of Justice, Washington, D.C., argued for respondent-appellee. With her on the brief were Frank W. Hunger, Assistant Attorney General, Helene M. Goldberg and John Lodge Euler.

Before NEWMAN, LOURIE, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

Petitioner appeals from a decision of the Court of Federal Claims awarding a total of $156,449 for pain and suffering under the Vaccine Act. We vacate the judgment and remand with instructions to recalculate the award.

I

Petitioner Robert McAllister, on behalf of his daughter Dana McAllister, sought compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 to -34 (the Vaccine Act...

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