LEMING v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 2023-1032.

VICTORIA LEMING, KEVIN LEMING, PARENTS AND NATURAL GUARDIANS OF A.L., A MINOR, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: April 15, 2024.


Attorney(s) appearing for the Case

ROBERT JOEL KRAKOW, I , Law Office of Robert J. Krakow, New York, NY, argued for petitioners-appellants.

JULIA COLLISON , Torts Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by ALEXIS B. BABCOCK , BRIAN M. BOYNTON , C. SALVATORE D'ALESSIO , HEATHER LYNN PEARLMAN .

Before MOORE, Chief Judge, STOLL, Circuit Judge, and BENCIVENGO, District Judge.


A.L., the daughter of Petitioners-Appellants Victoria and Kevin Leming, experienced immune thrombocytopenic purpura after receiving the DTaP, Hib, and MMR vaccines. As a result of her vaccine injury, she was hospitalized for two weeks and underwent a bone marrow aspiration and biopsy. The Court of Federal Claims held...

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