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LOCANE v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 2011-5131.

685 F.3d 1375 (2012)

Jennifer LOCANE, Petitioner-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

July 12, 2012.

Attorney(s) appearing for the Case

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

Melonie J. McCall , Trial Attorney, Torts Branch , Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. Of counsel 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 NEWMAN, PLAGER, and WALLACH, Circuit Judges.

WALLACH, Circuit Judge.

Ms. Jennifer Locane ("Ms. Locane") filed a petition for compensation under the National Childhood Vaccine Injury Act ("Vaccine Act"), 42 U.S.C. §§ 300aa-1 to -34 (2006), alleging that she suffered Crohn's disease as a direct result of hepatitis B vaccination. Special Master Christian J. Moran denied the claim, finding Ms. Locane's disease began before her vaccination and finding that Ms. Locane failed to prove by a preponderance of...

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