United States Federal Circuit
Wilkerson v. Sec'y of Health & Human Serv., 09-5090
Decision of the Court of Federal Claims affirming its Special Master's rejection of a petition for compensation under the National Childhood Vaccine Injury Act is affirmed where: 1) Markovich controls this case and under it the Chief Special Master correctly dismissed the petition as untimely; and 2) the grounds upon which plaintiff seeks to distinguish or avoid Markovich are unpersuasive, as plaintiff's petition was filed more than thirty-six months after the occurrence of the first symptom of the child's injury.
Appellate Information
- Decided 01/27/2010
- Published 01/27/2010
Judges
Court
- United States Federal Circuit