AULL v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 05-5139.

462 F.3d 1338 (2006)

Daniel L. AULL and Frances C. Aull, as Co-Administrators of the Estate of William Daniel Blake Aull, deceased, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 28, 2006.


Attorney(s) appearing for the Case

David L. Yewell, Yewell Law, LLC, of Owensboro, Kentucky, for petitioners-appellants.

Lynn E. Ricciardella, 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, Vincent J. Matanoski, Assistant Director, Gabrielle M. Fielding, Assistant Director, and Ann K. Donohue, Trial Attorney. Of counsel was Julia W. McInerny, Trial Attorney.

Before RADER, SCHALL, and GAJARSA, Circuit Judges.


SCHALL, Circuit Judge.

Daniel L. and Frances C. Aull, as co-administrators of their deceased son's estate,1 appeal the final decision of the United States Court of Federal Claims that sustained the decision of the special master dismissing their petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act" or "Act") for lack of jurisdiction. Aull v. Sec'y of Health...

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