John DOE, 11, and Jane Doe, 11, As Representatives of the Estate of Child Doe, 11, Deceased, Petitioners-Appellants,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
April 13, 2010.
April 13, 2010.
Attorney(s) appearing for the Case
Richard Gage, Richard Gage, P.C., of Cheyenne, WY, argued for petitioners-appellants.
Glenn A. MacLeod, Senior Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Tony West, Assistant Attorney General, Timothy P. Garren, Director, Mark W. Rogers, Deputy Director, and Catharine E. Reeves, Assistant Director.
Before BRYSON, GAJARSA, and PROST, Circuit Judges.
United States Court of Appeals, Federal Circuit.
PROST, Circuit Judge.
This is a Vaccine Act1 case. We must decide whether the claimants, John and Jane Doe (collectively "Doe"), met their burden of proving that their daughter Monica's death was caused by a hepatitis B vaccination. See 42 U.S.C. § 300aa-11. It is an off-Table case because Monica's injury is not listed in the Vaccine Act Injury Table. See 42 U.S.C. § 300aa-14; 42 C.F.R. § 100.3(a). Accordingly...
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