Fed. Circ. Finds No Injury In Hepatitis B Vaccine Case

Law360, New York (September 6, 2011, 3:42 PM EDT) -- The Federal Circuit on Tuesday upheld a lower court's decision denying compensation to a woman for symptoms that allegedly resulted from hepatitis B vaccinations, finding that a special master had properly determined her injury before considering whether the vaccine caused it.

A three-judge panel held that — under its own precedent in National Childhood Vaccine Injury Act of 1986 cases — when the nature of the injury itself is in dispute, it is the U.S. Court of Federal Claims' special master’s duty to first determine which...
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