United States Federal Circuit
TURNER v. SEC'Y. OF HEALTH & HUMAN SERVS., 01-5043; 01-5054
The National Childhood Vaccine Injury Act of 1986, 42 USC 300aa-1 to 34, provides a presumption that the vaccination caused the exhibited symptoms, but the government may rebut the presumption with a preponderance of the evidence.
Appellate Information
- Decided 10/16/2001
- Published 10/16/2001
Judges
- LOURIE, Circuit Judge., Before NEWMAN, MICHEL, and LOURIE, Circuit Judges.
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Scott R. Brann, of Houston, TX, argued for petitioners-appellants in 01-5043., Robert T. Moxley, Gage and Moxley, PC, of Cheyenne, WY, argued for petitioner-appellant in 01-5054.
- For Appellees:
- Mark W. Rogers, Assistant Director, Torts Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondents-appellees in 01-5043 and 01-5054. With him on the briefs were Stuart E. Schiffer, Acting Assistant Attorney General; Helene M. Goldberg, Director; and John Lodge Euler, Deputy Director.