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SHALALA v. WHITECOTTON

No. 94-372.

514 U.S. 268 (1995)

SHALALA, SECRETARY OF HEALTH AND HUMAN SERVICES v. WHITECOTTON et al.

United States Supreme Court.

Decided April 18, 1995.

Attorney(s) appearing for the Case

Irving L. Gornstein argued the cause for petitioner. With him on the briefs were Solicitor General Days, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Barbara C. Biddle, Richard A. Olderman, and Karen P. Hewitt.

Robert T. Moxley argued the cause for respondents. With him on the brief were Richard Gage, Peter H. Meyers, and John S. Capper IV.*

Souter, J., delivered the opinion for a unanimous Court. O'Connor, J., filed a concurring opinion, in which Breyer, J., joined, p. 276.

Justice Souter, delivered the opinion of the Court.

The question in this case is whether a claimant who shows that she experienced symptoms of an injury after receiving a vaccination makes out a prima facie case for compensation under the National Childhood Vaccine Injury Act of 1986, 100 Stat. 3755, 42 U. S. C. § 300aa-1 et seq. (1988 ed. and Supp. V), where the evidence fails to indicate that she had no symptoms of that injury before the vaccination...

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