United States Federal Circuit

In a petition for compensation under the National Childhood Vaccine Injury Act, the denial of the petition is reversed where the special master erroneously: 1) determined that the testimony of Petitioner's physicians was insufficient to establish "a logical sequence of cause and effect" leading to Petitioner's vaccine-related injury; and 2) imposed upon Petitioner an elevated evidentiary burden, requiring conclusive proof in the medical literature linking Petitioner's symptoms to the vaccine at issue.

Appellate Information

• Decided 06/18/2009
• Published 06/18/2009

Judges

• MAYER, Circuit Judge., Before NEWMAN, MAYER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Clifford J. Shoemaker, Shoemaker and Associates, of Vienna, VA, argued for petitioners-appellants.


• For Appellees:
  
• Darryl R. Wishard, Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Timothy P. Garren, Director, Vincent J. Matanoski, Acting Deputy Director, and Catharine E. Reeves, Assistant Director.