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W.C. v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 2012-5058.

704 F.3d 1352 (2013)

W.C., Petitioner-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

January 15, 2013.

Attorney(s) appearing for the Case

Sylvia Chin-Caplan , Conway, Homer & Chin-Caplan, P.C., of Boston, MA, argued for petitioner-appellant. Of counsel on the brief was Ronald C. Homer .

Debra A. Filteau Begley , Trial Attorney, Torts, Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, Rupa Bhattacharyya , Director, Mark W. Rogers , Deputy Director, and Vincent J. Matanoski , Assistant Director.

Before RADER, Chief Judge, PROST and REYNA, Circuit Judges.

RADER, Chief Judge.

The United States Court of Federal Claims affirmed the special master's decision denying W.C. (Petitioner) compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (Vaccine Act). W.C. v. Sec'y of Health & Human Servs. (Trial Court Decision), 100 Fed.Cl. 440 (2011). Because the special master's factual determinations were not arbitrary or capricious...

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