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TURNER v. SECRETARY OF HEALTH AND HUMAN SERVICES

Nos. 01-5043, 01-5054.

268 F.3d 1334 (2001)

Robert Lee TURNER and Sandra Kay Turner, as Legal Representatives on behalf of Robert Cleveland Turner, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee. Veronica Flanagan, as parent and next friend of Ashley Flanagan, Petitioner-appellant, v. Secretary of Health and Human Services, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Errata filed October 17, 2001.

Attorney(s) appearing for the Case

Scott R. Brann, of Houston, Texas, argued for petitioners-appellants in 01-5043.

Robert T. Moxley, Gage and Moxley, PC, of Cheyenne, Wyoming, argued for petitioner-appellant in 01-5054.

Mark W. Rogers, Assistant Director, Torts Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondents-appellees in 01-5043 and 01-5054. With him on the briefs were Stuart E. Schiffer, Acting Assistant Attorney General; Helene M. Goldberg, Director; and John Lodge Euler, Deputy Director.

Before NEWMAN, MICHEL, and LOURIE, Circuit Judges.

LOURIE, Circuit Judge.

Robert and Sandra Turner and Veronica Flanagan appeal from the judgments of the United States Court of Federal Claims affirming the special master's denial of their claims under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to 34 ("Vaccine Act"). Turner v. Sec'y of Health and Human Servs., 48 Fed.Cl. 243 (2000); Flanagan v. Sec'y of Health and Human Servs., 48 Fed.Cl. 169 (2000). Because the...

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