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PHILLIPS-DELOATCH v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 09-171V.

ZENORIA PHILLIPS-DELOATCH, As Personal Representative of the Estate of MOSHELLA F. ROBERTS, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Federal Claims.

April 20, 2012.

Attorney(s) appearing for the Case

Altom Michael Maglio , Maglio Christopher and Toale, Sarasota, FL, for petitioner.

Debra A. Filteau Begley , United States Department of Justice, Washington, D.C., with whom was Acting Assistant Attorney General Tony West, for respondent.

Dino S. Sangiamo , Venable, LLP, Baltimore, MD, for Merck & Co., Inc.

ORDER

FRANCIS M. ALLEGRA, Judge.

Petitioner, via this mandamus petition, seeks an order directing Special Master Christian Moran to allow her to subpoena information from the pharmaceutical company that manufactures the vaccine that allegedly killed the decedent in this case. For the reasons that follow, the court DENIES the mandamus petition.

I. BACKGROUND

The facts relevant to this petition are not in dispute.

Moshella...

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