LaLONDE v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 2013-5088.

746 F.3d 1334 (2014)

Cynthia LaLONDE, parent of, M.L., a minor, Petitioner-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 28, 2014.


Attorney(s) appearing for the Case

Curtis R. Webb , Law Office of Curtis R. Webb, of Twin Falls, Idaho, argued for petitioner-appellant.

Linda S. Renzi , Senior Trial Counsel, 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 , Assistant Attorney General, Rupa Bhattacharyya , Director, Vincent J. Matanoski , Deputy Director, and Voris E. Johnson, Jr. , Assistant Director.

Opinion for the court filed by Circuit Judge PROST. Dissenting opinion filed by Circuit Judge NEWMAN.


PROST, Circuit Judge.

This case, brought under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended (the "Vaccine Act"), presents the question whether petitioner Cynthia LaLonde, on behalf of her son M.L., has proven by a preponderance of the evidence that M.L.'s diphtheria-tetanus-acellular pertussis ("DTaP") vaccination caused a focal brain injury. The special master found that although M.L.'s DTaP vaccination likely...

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