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HIBBARD v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 2012-5007.

698 F.3d 1355 (2012)

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

United States Court of Appeals, Federal Circuit.

November 2, 2012.

Attorney(s) appearing for the Case

Sylvia Chin-Caplan , Conway, Homer & Chin-Caplan, P.C. of Boston, Massachusetts, argued for petitioner-appellant. On the brief was Ronald C. Hommer .

Glenn A. MacLeod , Senior Trial Counsel, 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 Gabrielle M. Fielding , Assistant Director.

Dissenting opinion filed by Circuit Judge O'MALLEY.

BRYSON, Circuit Judge.

Jennifer Hibbard received a flu vaccination in 2003. She claims that the flu vaccine caused her to develop a neurological disorder known as dysautonomia, a dysfunction of the autonomic nervous system. Her theory is that the vaccine provoked an immune reaction that damaged her autonomic nerves, and that the injury to her autonomic nerves, known as autonomic neuropathy, resulted in her dysautonomia....

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