A recent U.S. Court of Appeals for the Federal Circuit decision reversing the U.S. Court of Federal Claims’ denial of a vaccine injury claim highlights the widening gulf between the Federal Circuit and Federal Claims court on vaccine cases.
On June 18, the Federal Circuit reversed the Federal Claims court’s decision to deny the petitioner compensation under the National Vaccine Injury Compensation Program. The Federal Circuit case, brought on behalf of Enrique Andreu, alleged that he began having seizures the day after receiving a diphtheria, whole-cell pertussis and tetanus (DPT) vaccine at the age of eight weeks. According to the case, the seizure disorder ultimately led to a low IQ and language and developmental delays. Andreu v. Secretary of Health and Human Services, No. 2008-5184 (Fed. Cir.).
