United States Federal Circuit

"[T]he first symptom or manifestation of onset," for the purposes of 42 U.S.C. section 300aa-16(a)(2), is the first event objectively recognizable as a sign of a vaccine injury by the medical profession at large. Denial of a petition filed on behalf of petitioners' daughter seeking compensation under the National Childhood Vaccine Injury Act is affirmed where the Court of Federal Claims correctly found the petition to be time-barred.

Appellate Information

• Decided 02/20/2007
• Published 02/20/2007

Judges

• LINN, Circuit Judge., Before MICHEL, Chief Judge, RADER and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Mark L. Krueger, Greenhalgh Krueger & Hernandez, SC, of Baraboo, WI, argued for petitioners-appellants.


• For Appellees:
  
• Lynn E. Ricciardella, Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With her on the brief were Peter D. Keisler, Assistant Attorney General, Timothy P. Garren, Director, Vincent J. Matanoski, Acting Deputy Director, and Catharine E. Reeves, Acting Assistant Director.