BRICE v. SECRETARY OF HEALTH AND HUMAN SER.

No. 99-5144.

240 F.3d 1367 (2001)

Joseph Osler BRICE and Laurajean Councill Brice, On behalf of their son, Joseph Tilghman Brice, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 23, 2001.


Attorney(s) appearing for the Case

Peter Harwood Meyers, George Washington University Law School, of Washington, DC, argued for petitioners-appellants.

Mark W. Rogers, Attorney, Torts Branch, Civil Division, Department of Justice of Washington, DC, argued for respondent-appellee. With him on the brief were Helene M. Goldberg, Director; and John Lodge Euler, Deputy Director.

Before PAULINE NEWMAN, CLEVENGER, and DYK, Circuit Judges.


Opinion for the court filed by Circuit Judge DYK. Dissenting Opinion filed by Circuit Judge NEWMAN.

DECISION

DYK, Circuit Judge.

In Weddel v. Secretary of Health and Human Services, 100 F.3d 929 (Fed.Cir. 1996), this court held that equitable tolling of the limitations period was not available for claims arising under section 16(a)(1) of the National Childhood Vaccine Injury Act of 1986 ("Act"), 42 U.S.C....

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