United States Federal Circuit

In an action brought under the National Childhood Vaccine Injury Act of 1986, the Court of Appeals properly upheld the special master's finding that although the minor's DTaP vaccination likely caused his initial anaphylactic reaction, petitioner failed to establish under any reliable medical theory that the minor's anaphylaxis caused a focal brain injury, where: 1) the special master and the Court of Federal Claims applied the correct legal standard and found, based in part on the unconvincing nature of petitioner's expert testimony, that the petitioner failed to prove causation by a preponderance of the evidence; and 2) that judgment has not been shown to be legally or factually erroneous.

Appellate Information

• Decided 03/28/2014
• Published 03/28/2014

Judges

• PROST

Court

• United States Federal Circuit

Counsel