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HERVEY v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 96-5007.

88 F.3d 1001 (1996)

Paula HERVEY, formerly Jones, and Dale Hervey, parents and natural guardians of Sharina Rae-Dawn Hervey, deceased, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

June 28, 1996.

Attorney(s) appearing for the Case

Alan W. Gentges, Savage, O'Donnell, Scott, McNulty, Affeldt & Gentges, of Tulsa, Oklahoma, argued, for petitioners-appellants. With him on the brief was M. Alan Souter.

Richard A. Schollmann, Attorney, Torts Branch, Civil Division, Department of Justice, of 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 ARCHER, Chief Judge, NIES, Senior Circuit Judge, and BRYSON, Circuit Judge.

BRYSON, Circuit Judge.

In this Vaccine Act case, the petitioners sought review of the decision of a special master denying compensation. Their petition for review, however, was not filed within the 30-day period allotted under the statute. For that reason, the Court of Federal Claims held the motion time-barred and refused to entertain it. We affirm.

I

In 1991, the petitioners filed a petition for compensation under the National Childhood Vaccine...

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