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CEDILLO v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 2010-5004.

THERESA CEDILLO AND MICHAEL CEDILLO, (AS PARENTS AND NATURAL GUARDIANS OF), MICHELLE CEDILLO, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: August 27, 2010.

Attorney(s) appearing for the Case

RONALD C. HOMER, Conway, Homer & Chin-Caplan, P.C. of Boston, Massachusetts, argued for petitioners-appellants.

LYNN E. RICCIARDELLA, 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, and GABRIELLE M. FIELDING, Assistant Director.

MARY HOLLAND, Attorney-at-Law, of New York, New York, for amicus curiae Elizabeth Birt Center for Autism Law and Advocacy, et al.

Before NEWMAN, LINN, and DYK, Circuit Judges.

DYK, Circuit Judge.

This case is one of approximately five thousand cases that have been filed under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act") in the Court of Federal Claims claiming a link between childhood vaccines and autism. The Special Masters created the Omnibus Autism Proceeding ("OAP") to determine the relationship, if any, between vaccines and autistic spectrum disorders.

Petitioners Theresa...

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