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LAMPE v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 99-5050.

219 F.3d 1357 (2000)

Michael LAMPE and Carolyn Lampe, individually and as next friends of Rachael Lampe, a minor, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

July 26, 2000.

Attorney(s) appearing for the Case

Craig Lewis, Gallagher, Lewis & Downey, of Houston, Texas, argued for petitioners-appellants.

Mark W. Rogers, Trial Attorney, Torts Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were David W. Ogden, Acting Assistant Attorney General, Helene M. Goldberg, Director, John Lodge Euler, Deputy Director, and Claudia B. Gangi, Trial Attorney.

Before MICHEL, PLAGER, and BRYSON, Circuit Judges.

Opinion for the court filed by Circuit Judge BRYSON. Dissenting opinion filed by Circuit Judge PLAGER.

BRYSON, Circuit Judge.

Michael and Carolyn Lampe appeal from the decision of the Court of Federal Claims denying their request for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to 300aa-34 (Vaccine Act), for injuries suffered by their child Rachael.

Early in her life, at about the time she received...

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