United States Federal Circuit

Award of compensation to petitioner under the Vaccine Injury Compensation Program is reversed where: 1) petitioner was required to make out a prima facie case that the vaccine caused her injury; and 2) the special master was entitled to rely on the government's expert evidence regarding the temporal relationship between administration of the vaccine and the onset of injury in finding that petitioner had not met this burden.

Appellate Information

• Decided 08/28/2008
• Published 08/28/2008

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Peter G. Lomhoff, of Oakland, CA, argued for petitioner-appellee., Heather L. Pearlman, Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellant.   With her on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Timothy P. Garren, Director, Vincent J. Matanoski, Acting Deputy Director, and Gabrielle M. Fielding, Assistant Director.