United States Federal Circuit

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LOCANE V. SEC. OF HEALTH AND HUMAN SERVICES, 2011-5131

In a petition for compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. sections 300aa-1 to -34 (2006), alleging that plaintiff suffered Crohn’s disease as a direct result of hepatitis B vaccination, denial of the claim is affirmed where the Court of Federal Claims correctly concluded that the Special Master's denial, finding plaintiff's disease began before her vaccination and finding that plaintiff failed to prove by a preponderance of the evidence that the vaccine caused or significantly aggravated her disease, was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

Appellate Information

  • Decided 07/12/2012
  • Published 07/12/2012

Judges

  • WALLACH

Court

  • United States Federal Circuit

Counsel