United States Federal Circuit
Hibbard v. Sec'y of Health & Human Services, 12-5007
In plaintiff's suit for compensation under the National Childhood Vaccine Injury Act (Act) for her neurological disorder allegedly caused by a flu vaccination, the judgment of the Court of Federal Claims in favor of the defendants is affirmed where: 1) the special master's finding is based on evidence in the record that is not wholly implausible, and the special master has articulated a rational basis for his decision; and 2) because a finding of autonomic neuropathy is critical to plaintiff's theory of causation, the special master's finding on this issue is fatal to her petition for compensation under the Act.
Appellate Information
- Decided 11/02/2012
- Published 11/02/2012
Judges
- Bryson
Court
- United States Federal Circuit