SIMANSKI v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 03-103V.

TODD SIMANSKI and JULIA SIMANSKI, as Parents and Next Friends of [O.A.S.], a minor, Petitioners, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Federal Claims.

February 18, 2014.


Attorney(s) appearing for the Case

TODD SIMANSKI, and, Petitioner, represented by Ronald Craig Homer , Conway, Homer & Chin-Caplan, P.C..

JULIA SIMANSKI, as Parents and Next Friends of, Petitioner, represented by Ronald Craig Homer , Conway, Homer & Chin-Caplan, P.C..

OLIVIA ANNE SIMANSKI, a minor, Petitioner, represented by Ronald Craig Homer , Conway, Homer & Chin-Caplan, P.C..

SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent, represented by Traci R. Patton , U. S. Department of Justice.

Ronald C. Homer , Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioners. With him was Sylvia Chin-Caplan , Conway, Homer & Chin-Caplan, P.C., Boston, MA.

Traci R. Patton , Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. With her were Debra F. Begley , Trial Attorney, Lisa Watts , Trial Attorney, Rupa Bhattacharyya , Director, Torts Branch, Civil Division, and Stuart F. Delery , Assistant Attorney General, Civil Division, Washington, D.C.


OPINION

MARIAN BLANK HORN, District Judge.

On January 17, 2003, Petitioners Todd and Julia Simanski filed a timely Petition for compensation with the National Vaccine Injury Compensation Program, pursuant to the National Childhood Vaccine Injury Act of 1986, Pub. L. 99-660, Title III, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-1 et seq. (2006)) (Vaccine Act), on behalf of [O.A.S.], a minor, as her parents and...

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