STONE v. SECRETARY OF HEALTH AND HUMAN SERVICES

Nos. 2011-5109, 2011-5117.

676 F.3d 1373 (2012)

Jennifer STONE and Gary Stone, Parents and next friends of Amelia Stone, a Minor, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee. Scott R. Hammitt, as the Legal Representative of His Minor Daughter, Rachel Hammitt, Petitioner-Appellant, v. Secretary of Health and Human Services, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 26, 2012.


Attorney(s) appearing for the Case

Richard Gage , Richard Gage, P.C., of Cheyenne, Wyoming, argued for petitioners-appellants in appeal no. 2011-5109.

Curtis R. Webb , of Twin Falls, Idaho, argued for petitioner-appellant in appeal no. 2011-5117.

Alexis B. Babcock , Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee in appeal no.2011-5109. 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.

Althea W. Davis , Senior Trial Counsel, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee in appeal 2011-5117. With her on the brief were Tony West , Assistant Attorney General, Mark W. Rogers , Acting Director, Vincent J. Matanoski , Acting Deputy Director, and Gabrielle M. Fielding , Assistant Director.

Before RADER, Chief Judge, SCHALL and BRYSON, Circuit Judges.


BRYSON, Circuit Judge.

In separate proceedings, petitioners Jennifer and Gary Stone and petitioner Scott Hammitt sought compensation under the National Vaccine Injury Compensation Program for injuries to their children allegedly caused by the Diptheria-Tetanus-acellular Pertussis ("DTaP") vaccine. The Stones alleged that the administration of the DTaP vaccine to their daughter Amelia was a substantial cause of a seizure...

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