United States Federal Circuit

Judgment in favor of plaintiff's claim for a loss of vision, caused by a tetanus toxoid vaccination, is affirmed where she met the statutory burden for establishing causation by a preponderance of the evidence.

Appellate Information

• Decided 07/29/2005
• Published 07/29/2005

Judges

• MAYER, Circuit Judge., Before MAYER, CLEVENGER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Kevin P. Conway, Conway, Homer & Chin-Caplan, P.C., Boston, Massachusetts, argued for petitioner-appellee.   On the brief was Ronald C. Homer., Anne Murphy, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellant.   On the brief were Peter D. Keisler, Assistant Attorney General, and Barbara C. Biddle and William G. Cole, Attorneys.   Of counsel was Elizabeth H. Saindon, Attorney, Office of the General Counsel, United States Department of Health and Human Services, of Rockville, Maryland.