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OLIVER v. SECRETARY OF HEALTH AND HUMAN SERVICES

2017-2540.

900 F.3d 1357 (2018)

Laura OLIVER and Eddie Oliver, Jr., Parents and Legal RepresentativeS of E.O., III, Petitioners-Appellants v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: August 17, 2018.

Attorney(s) appearing for the Case

CLIFFORD JOHN SHOEMAKER , Shoemaker and Associates, Vienna, VA, argued for petitioners-appellants.

DANIEL ANTHONY PRINCIPATO , Torts Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by CHAD A. READLER , C. SALVATORE D'ALESSIO , CATHARINE E. REEVES , HEATHER LYNN PEARLMAN.

Dissenting opinion filed by Circuit Judge Newman.

Appellants Laura Oliver and Eddie Oliver, Jr. (together, "the Olivers"), parents and legal representatives of E.O., III ("E.O."), sued the Secretary of Health and Human Services ("the Government") for compensation under the National Childhood Vaccine Injury Act of 1986 ("Vaccine Act"), Pub. L. No. 99-660, 100 Stat. 3755 ...

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