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CARSON v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 2010-5089.

727 F.3d 1365 (2013)

Stacy CARSON and Amy CARSON, as legal guardians for Kit Carson, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 28, 2013.

Attorney(s) appearing for the Case

David P. Matthews , Matthews & Associates, of Houston, TX, for petitioners-appellants.

Heather L. Pearlman , Senior Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, Washington, DC, for respondent-appellee. With her on the brief were Stuart F. Delery , Principal Deputy Assistant Attorney General, Rupa Bhattacharyya , Director, Vincent J. Matanoski , Deputy Director, and Catharine E. Reeves , Assistant Director.

Dissenting opinion filed by Circuit Judge NEWMAN.

WALLACH, Circuit Judge.

Parents Amy and Stacy Carson ("Petitioners") filed a petition for compensation on behalf of their son, Kit Carson, under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34 (2006) ("Vaccine Act"). The Chief Special Master dismissed the petition as untimely filed. The United States Court of Federal Claims affirmed and dismissed the Petitioners' petition for review. See Carson v. Sec'y of Health & Human Servs...

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