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PORTER v. SECRETARY OF HEALTH AND HUMAN SERVICES

Nos. 2010-5162, 2010-5163.

663 F.3d 1242 (2011)

Mona PORTER, Petitioner-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellant. Amanda Knight, Personal Representative of the Estate of Claudia J. Rotoli-Barr, Deceased, Petitioner-Appellee, v. Secretary of Health and Human Services, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

November 22, 2011.

Attorney(s) appearing for the Case

Sylvia Chin-Caplan , Conway, Homer & Chin-Caplin, P.C., of Boston, MA, argued for both petitioners-appellees. On the brief was Ronald C. Homer .

Sarang V. Damle , Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellant. With him on the brief were Tony West , Assistant Attorney General, and Thomas M. Bondy , Attorney.

Opinion for the court filed by Circuit Judge PROST. Opinion concurring-in-part, dissenting-in-part filed by Circuit Judge O'MALLEY.

PROST, Circuit Judge.

The government appeals the combined decision of the United States Court of Federal Claims ("Claims Court") reversing a special master's decision denying Mona Porter's and Claudia Rotoli's petitions for compensation under the National Vaccine Injury Compensation Program ("Vaccine Act"), 42 U.S.C. §§ 300aa-1 to -34. The special master concluded that Ms. Porter and Ms. Rotoli did not prove by a preponderance of the evidence that the hepatitis...

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