United States Federal Circuit

A judgment awarding petitioner over $800,000 under the National Vaccine Compensation Program is affirmed where, contrary to the government's claims, petitioner could receive the compensation for medical expenses, lost wages, and pain and suffering provided for under 42 U.S.C. section 300aa-15(a)(1), (3) and (4), in addition to the $250,000 death benefit provided for under section 300aa-15(a)(2).

Appellate Information

• Decided 02/12/2008
• Published 02/12/2008

Judges

• Before DYK, MOORE, Circuit Judges, and COTE, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Kevin P. Conway, Conway, Homer & Chin-Caplan, P.C., of Boston, Massachusetts, argued for petitioner-appellee.   On the brief was Ronald C. Homer., Glenn A. MacLeod, Senior Trial Counsel, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellant.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Timothy P. Garren, Director, Mark W. Rogers, Deputy Director, and Gabrielle M. Fielding, Assistant Director.