SHYFACE v. SECRETARY, HEALTH AND HUMAN SERVICES

No. 98-5078.

165 F.3d 1344 (1999)

June SHYFACE and Patricia Shyface, as legal representatives of the estate of Cheyenne Michael Shyface, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

January 14, 1999.


Attorney(s) appearing for the Case

Curtis R. Webb, Lloyd J. & Curtis R. Webb, of Twin Falls, Idaho, argued for petitioners-appellants.

Michael P. Milmoe, Trial Attorney, Torts Branch, Civil Division, Department of Justice, of Washington, DC, 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 MAYER, Chief Judge, NEWMAN and CLEVENGER, Circuit Judges.


NEWMAN, Circuit Judge.

June and Patricia Shyface, grandmother and mother of Cheyenne Michael Shyface, appeal the judgment of the United States Court of Federal Claims1 denying compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. '300aa-1 et seq., for the death of Cheyenne. Because the Shyfaces established that Cheyenne's death was a vaccine injury in terms of '300aa-11(c)(1)(C)(ii), we reverse.

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