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KIRBY v. SECRETARY OF HEALTH AND HUMAN SERVICES

2020-2064.

997 F.3d 1378 (2021)

Christie KIRBY, Petitioner-Appellant v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: May 20, 2021.

Attorney(s) appearing for the Case

Richard Gage , Richard Gage, PC, Cheyenne, WY, argued for petitioner-appellant.

Mallori Browne Openchowski , Torts Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Brian M. Boynton , C. Salvatore D'Alessio , Heather L. Pearlman .

Before Moore, Taranto, and Chen, Circuit Judges.

Christie Kirby appeals a decision of the United States Court of Federal Claims reversing a special master's ruling that she is entitled to damages under the Vaccine Act. Kirby v. Sec'y of Health & Human Servs., 148 Fed. Cl. 530 (2020). We reverse.

BACKGROUND

Ms. Kirby received a flu shot in her...

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