United States Federal Circuit

The National Childhood Vaccine Injury Act does not require a petitioner to bear the burden of eliminating alternative causes of injury where the other evidence on causation is sufficient to establish a prima facie case. A decision denying petitioner, a former military officer, compensation under the National Childhood Vaccine Injury Act is vacated and remanded where the special master appeared to have applied an incorrect legal standard in requiring petitioner to eliminate other possible causes of her injury.

Appellate Information

• Decided 05/01/2007
• Published 05/01/2007

Judges

• DYK, Circuit Judge., Before DYK and PROST, Circuit Judges, and McKINNEY, Chief Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard Gage, Richard Gage, P.C., of Cheyenne, WY, argued for petitioner-appellant.


• For Appellees:
  
• Mark Curtis Raby, Senior Trial Counsel, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Timothy P. Garren, Director, Vincent J. Matanoski, Acting Deputy Director, and Gabrielle M. Fielding, Assistant Director.