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FIGUEROA v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 2012-5064.

715 F.3d 1314 (2013)

Stephanie Vino FIGUEROA, as Personal Representative of the Estate of Manny Figueroa, deceased, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

May 1, 2013.

Attorney(s) appearing for the Case

Martin E. Leach , Feiler & Leach, P.L., of Coral Gables, FL, argued for petitioners-appellants.

Melonie J. McCall , 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 Gabrielle M. Fielding , Assistant Director.

Before DYK, PROST, and REYNA, Circuit Judges.

DYK, Circuit Judge.

Stephanie Vino Figueroa, widow of Manny Figueroa and personal representative of his estate, filed a petition under the Vaccine Act seeking compensation for vaccine-related injuries suffered by Mr. Figueroa. See National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified at 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act"). The special master dismissed Ms. Figueroa's petition, reasoning that because...

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