United States Federal Circuit
Stone v. Sec'y of Health and Human Services, 2011-5109
In consolidated cases in which parents sought compensation under the National Vaccine Injury Compensation Program for injuries to their children allegedly caused by the Diptheria-Tetanus-acellular Pertussis vaccine, the Court of Federal Claims' rulings in favor of the respondent are affirmed, where: 1) because of expert testimony and considerable evidentiary support for the expert's views in the record, the special master's conclusion that a gene mutation was solely responsible for the children's epilepsy was not arbitrary or capricious; 2) the special master did not impose an inappropriately high burden of proof on the petitioners; and 3) the special master therefore did not abuse his discretion by denying one parent's motion to submit additional evidence.
Appellate Information
- Decided 04/26/2012
- Published 04/26/2012
Judges
- Bryson
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Richard Gage, Alexis B. Babcock