United States Federal Circuit

In plaintiffs' claim on behalf of their son, seeking compensation under the National Childhood Vaccine Injury Act of 1986, claiming that the measles, mumps, and rubella (MMR) vaccine, which was administered to their son before his first birthday, caused him to develop regressive autism, a decision of the Court of Federal Claims affirming the special master's denial of the petition is affirmed as: 1) compensation under the Act is limited to those individuals whose injuries or deaths can be linked causally, either by a Table Injury presumption or by a preponderance of "causation-in-fact" evidence to a listed vaccine; and 2) here, the special master concluded that petitioners' evidence failed to demonstrate the necessary causal link, and they have not identified any reversible error in the special master's decision reaching that conclusion.

Appellate Information

• Decided 05/13/2010
• Published 05/13/2010

Judges

Court

• United States Federal Circuit

Counsel