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GRIGLOCK v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 2011-5134.

687 F.3d 1371 (2012)

Paul GRIGLOCK, Executor of the Estate of, Sophie Griglock, Deceased, Petitioner-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 10, 2012.

Attorney(s) appearing for the Case

Amy J. Fashano , Conway, Homer & Chin-Caplan, P.C., of Boston, MA, argued for petitioner appellant. On the brief was Ronald C. Homer .

Voris E. Johnson, Jr. , Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him 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 RADER, Chief Judge, LOURIE, and WALLACH, Circuit Judges.

WALLACH, Circuit Judge.

Sophie Griglock's estate appeals a decision for compensation under the Vaccine Act, 42 U.S.C. §§ 300aa-1 to -34 (2006). The Special Master determined that Ms. Griglock's death was caused by an influenza vaccination, that her estate had standing to petition for injury compensation, but that entitlement was limited to death benefits because injury benefits were barred by the applicable statute of limitations. The Court of Federal Claims...

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