SCANLON v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 13-219V.

INA SCANLON, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Federal Claims.

June 17, 2014.


Attorney(s) appearing for the Case

INA SCANLON, Petitioner, represented by David Porter Murphy , David Murphy Esq.

SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent, represented by Linda Sara Renzi , U. S. Department of Justice.

David Porter Murphy , Greenfield, Indiana, for petitioner.

Linda S. Renzi, Senior Trial Counsel, Vaccine/Torts Branch, Civil Division, United States Department of Justice, Washington, D.C., for respondent. With her on the brief were Stuart F. Delery , Assistant Attorney General, Rupa Bhattacharyya, Director, Vincent J. Matanoski , Deputy Director, and Catharine E. Reeves , Assistant Director, U.S. Department of Justice, Torts Branch, Civil Division, United States Department of Justice, Washington, D.C.


OPINION AND ORDER

CHARLES F. LETTOW, District Judge.

Ms. Ina Scanlon filed a petition for compensation after suffering injuries from receipt of a varicella vaccine.1 The special master denied compensation on the basis that the particular varicella vaccine she received was not a covered vaccine under the National Childhood Vaccine Injury Act ("Vaccine Act"), 42 U.S.C. §§ 300aa-1 to -34. Scanlon v. Secretary of Health...

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