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O'CONNELL v. SHALALA

No. 95-1355.

79 F.3d 170 (1996)

Francis O'CONNELL and Lisa O'Connell, as the Legal Representatives of their Minor Daughter, Kelliann O'Connell, and Dissatisfied Parents Together, a Virginia Non-Profit Corporation, Petitioners, v. Donna E. SHALALA, Secretary of the United States Department of Health and Human Services, Respondent.

United States Court of Appeals, First Circuit.

Decided March 11, 1996.

Attorney(s) appearing for the Case

Curtis R. Webb, with whom Michael R. Hugo and Conway, Crowley & Hugo, P.C. were on brief, Twin Falls, ID, for petitioners.

Charles R. Gross, Attorney, Civil Division, United States Department of Justice, with whom Frank W. Hunger, Assistant Attorney General, Helene M. Goldberg, Director, Civil Division, Barbara C. Biddle, Attorney, Civil Division, David Benor and Deborah Harris, Office of the General Counsel, United States Department of Health and Human Services, were on brief, for respondent.

Before TORRUELLA, Chief Judge, ALDRICH, Senior Circuit Judge, and SELYA, Circuit Judge.

SELYA, Circuit Judge.

This is a petition for review and vacatur of a final rule promulgated by the Secretary of Health and Human Services (the Secretary) under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 through 300aa-34 (1994). We have jurisdiction under 42 U.S.C. § 300aa-32. In the pages that follow, we explore the pertinent statutory framework, recount the proceedings to date, and then examine the petitioners' three-pronged...

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