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SIMANSKI v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 2011-5050.

671 F.3d 1368 (2012)

Todd SIMANSKI and Julia Simanski, as Parents and next Friends of Olivia Ann Simanski, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 6, 2012.

Attorney(s) appearing for the Case

Sylvia Chin-Caplan , Conway, Homer & Chin-Caplan, P.C. of Boston, Massachusetts, argued for petitioners-appellants. 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, Mark W. Rogers , Acting Director, Vincent J. Matanoski , Acting Deputy Director, and Catharine E. Reeves , Assistant Director.

Before BRYSON, MOORE, and REYNA, Circuit Judges.

BRYSON, Circuit Judge.

This case requires us to examine the procedures employed by a special master in adjudicating a petition for compensation stemming from a vaccine-related injury. The procedural history of this case is quite complex, and to conduct a fair assessment of the issues raised on appeal requires that we review it in some detail.

I

A

Olivia Simanski was born on November 2, 2000. Aside...

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