ZATUCHNI v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 2007-5034.

516 F.3d 1312 (2008)

Dory ZATUCHNI, Executrix of the Estate of E. Barbara Snyder, deceased, Petitioner-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

February 12, 2008.


Attorney(s) appearing for the Case

Kevin P. Conway, Conway, Homer & Chin-Caplan, P.C., of Boston, Massachusetts, argued for petitioner-appellee. On the brief was Ronald C. Homer.

Glenn A. MacLeod, Senior Trial Counsel, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellant. With him on the brief were Peter D. Keisler, Assistant Attorney General, Timothy P. Garren, Director, Mark W. Rogers, Deputy Director, and Gabrielle M. Fielding, Assistant Director.

Before DYK, MOORE, Circuit Judges, and COTE, District Judge.


Opinion for the court filed by District Judge COTE. Opinion concurring in the result and dissenting from the majority filed by Circuit Judge DYK.

COTE, District Judge.

The Secretary of Health and Human Services ("government") appeals the judgment of the Court of Federal Claims awarding petitioner-appellee Dory Zatuchni ("Zatuchni") (in her capacity as executrix of the estate of E. Barbara Snyder ("Snyder")) $804,323.90 under the National Vaccine Compensation...

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