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BOATMON v. SECRETARY OF HEALTH AND HUMAN SERV.

2018-2333.

941 F.3d 1351 (2019)

Chase BOATMON, Maurina Cupid, Parents of J.B., Deceased, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: November 7, 2019.

Attorney(s) appearing for the Case

Joseph Pepper , Conway Homer, PC, Boston, MA, argued for petitioners-appellants. Also represented by Ronald C. Homer.

Thomas G. Ward , Torts Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Robert Paul Coleman, III , Joseph H. Hunt , C. Salvatore D'Alessio , Catharine E. Reeves .

Dissenting opinion filed by Circuit Judge Newman.

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 of whether Petitioners Chase Boatmon and Maurina Cupid have proven by a preponderance of the evidence that the vaccinations their son, J.B., received caused or...

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