Fed. Circ. Says Woman Didn't Show Vaccine Caused Injury

Law360, New York (November 2, 2012, 5:28 PM EDT) -- The Federal Circuit on Friday upheld the dismissal of claims brought by a woman who claims a flu vaccination caused her to develop a neurological disorder, saying the plaintiff in a case like this has to show the vaccine directly caused the injury at issue.

In a 2-1 ruling, the appeals court affirmed a finding by a special master denying plaintiff Jennifer Hibbard compensation under the Vaccine Act. While she indisputably suffers from dysautonomia — a general term describing malfunctions of the autonomic nervous system —...
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