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LOMBARDI v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 2011-5004.

656 F.3d 1343 (2011)

Cheryl LOMBARDI, Petitioner-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

September 6, 2011.

Attorney(s) appearing for the Case

Clifford J. Shoemaker , Shoemaker & Associates, of Vienna, VA, argued for the petitioner-appellant.

Heather L. Pearlman , Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for the respondent-appellee. With her on the brief were Tony West , Assistant Attorney General, Timothy P. Garren , Director, Mark W. Rogers , Deputy Director, and Catharine E. Reeves , Assistant Director.

Opinion for the court filed by Circuit Judge LOURIE. Concurring opinion filed by Circuit Judge O'MALLEY.

LOURIE, Circuit Judge.

Cheryl Lombardi appeals from the decision of the United States Court of Federal Claims ("Claims Court") affirming the decision of a special master denying compensation under the Vaccine Act for injuries that she alleged were a result of receiving hepatitis B vaccinations. Doe v. Sec'y of Dept. of Health & Human Servs., 94 Fed. Cl. 597 (2010) ("Claims Court Op."). Because we agree with the Claims Court that the special master...

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