WEDDEL v. SECRETARY, HEALTH AND HUMAN SERVICES

No. 96-5062.

100 F.3d 929 (1996)

Jerry L. WEDDEL, and wife Lea Ann Weddel, on behalf of their minor daughter, Cassie Ann Weddel, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

November 12, 1996.


Attorney(s) appearing for the Case

Thomas S. Brandon, Jr., Michener, Larimore, Swindle, Whitaker, Flowers, Sawyer, Reynolds & Chalk, L.L.P., Forth Worth, Texas, argued for petitioners-appellants.

Richard A. Schollman, Attorney, Torts Branch, Department of Justice, Washington, D.C., argued for respondent-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, Helene M. Goldberg, Director, and John Lodge Euler, Deputy Director.

Before RICH, CLEVENGER, and RADER, Circuit Judges.


CLEVENGER, Circuit Judge.

Jerry and Lea Ann Weddel appeal from the judgment of the Court of Federal Claims, No. 94-524V (Dec. 6, 1995), which affirmed the Special Master's June 29, 1995 decision that section 16(a)(1) of the Vaccine Act, 42 U.S.C. § 300aa-16(a)(1) (1994), is a statute of repose which is not subject to equitable tolling, and that the Weddels are not entitled to an extension of the statutory deadline even if equitable tolling is available under...

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