United States Federal Circuit

A decision sustaining the dismissal of a petition for compensation under the National Childhood Vaccine Injury Act, arising from the death of petitioner's child following vaccinations, is affirmed where the Court of Federal Claims did not err in dismissing the Vaccine Act petition under 42 U.S.C. section 300aa-11(a)(5)(B) because petitioners had a pending civil action in state court for a "vaccine-related" injury.

Appellate Information

• Decided 08/28/2006
• Published 08/28/2006

Judges

• SCHALL, Circuit Judge., Before RADER, SCHALL, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David L. Yewell, Yewell Law, LLC, of Owensboro, Kentucky, for petitioners-appellants.


• For Appellees:
  
• Lynn E. Ricciardella, Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent-appellee.   On the brief were Peter D. Keisler, Assistant Attorney General, Timothy P. Garren, Director, Vincent J. Matanoski, Assistant Director, Gabrielle M. Fielding, Assistant Director, and Ann K. Donohue, Trial Attorney.   Of counsel was Julia W. McInerny, Trial Attorney.