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GOETZ v. WYETH-LEDERLE VACCINES

No. COA04-387.

608 S.E.2d 810 (2005)

Andrew GOETZ and Catherine Goetz, Personal Representatives and Guardians ad Litem for the minor child Hayden L. Goetz, Claimants v. WYETH-LEDERLE VACCINES and N.C. Department of Health and Human Services, Respondents.

Court of Appeals of North Carolina.

March 1, 2005.

Attorney(s) appearing for the Case

Wallace, Creech & Sarda, L.L.P., by Peter J. Sarda, John R. Wallace, and Joseph A. Newsome, for claimants-appellants.

Attorney General Roy Cooper, by Assistant Attorney General Stacey A. Phipps, for respondents-appellees.

CALABRIA, Judge.

Andrew Goetz, Catherine Goetz, and Hayden L. Goetz (collectively "claimants") appeal from a decision and order of the North Carolina Industrial Commission (the "Commission") denying their claim for damages under the North Carolina Childhood Vaccine-Related Injury Compensation Program. We vacate and remand.

On 14 May 1993, Hayden L. Goetz ("Hayden") was born to Andrew and Catherine Goetz ("Mr. and...

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