WILKERSON v. SECRETARY OF HEALTH AND HUMAN SERVS.

No. 2009-5090.

593 F.3d 1343 (2010)

Mary Darin WILKERSON, as mother of her son, Otto Wilkerson, Petitioner-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

January 27, 2010.


Attorney(s) appearing for the Case

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

Traci R. Patton, Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Tony West, Assistant Attorney General, Timothy P. Garren, Director, Mark W. Rogers, Deputy Director, and Gabrielle M. Fielding, Assistant Director.

Before MAYER, FRIEDMAN, and GAJARSA, Circuit Judges.


FRIEDMAN, Circuit Judge.

This appeal challenges the decision of the Court of Federal Claims that affirmed its Special Master's rejection of a petition for compensation under the National Childhood Vaccine Injury Act ("Vaccine Act") as untimely. We affirm.

I

Otto Wilkerson, the son of the appellant Mary Darin Wilkerson, was born on May 30, 1997. He received his first vaccination on that date and by September 1998 had had multiple vaccinations.

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