MAHAFFEY v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 03-5164.

368 F.3d 1378 (2004)

Tammy MAHAFFEY, Petitioner-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

May 21, 2004.


Attorney(s) appearing for the Case

M. Shawn Dingus, The Law Office of M. Shawn Dingus, of Columbus, OH, for petitioner-appellant.

Ann K. Donohue, Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent-appellee. On the brief were Peter D. Keisler, Assistant Attorney General; Timothy P. Garren, Director; John Lodge Euler, Deputy Director; and Joan E. Coleman, Trial Attorney. Of counsel was Gabrielle Manganiello, Attorney.

Before NEWMAN, LOURIE, and LINN, Circuit Judges.


PAULINE NEWMAN, Circuit Judge.

Tammy Mahaffey appeals the decision of the United States Court of Federal Claims1 dismissing her petition for review under the National Vaccine Injury Compensation Program as untimely filed. We affirm the dismissal, and reaffirm that review by the Federal Circuit of a vaccine injury decision by a special master requires intervening review by the Court of Federal Claims.

BACKGROUND

Ms. Mahaffey...

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