· 3/24/1993
Barbara Amendola and Warren Amendola, as Parents and Guardians of Christopher Amendola v. Secretary, Department of Health and Human Services
Citations
- 989 F.2d 1180
- 28 Fed. Cl. 1180
- 1993 U.S. App. LEXIS 5936
- 1993 WL 84472
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- dismissing petitioners’ vaccine claim where petitioners previously filed a civil action in state court against the physician who administered the vaccine for medical malpractice
- distinguishing “true” vaccine injury from “a situation in which the direct cause of the injury was a contaminated needle, or the doctor’s negligent dropping of an infant patient”
- “there is some support in the statute and legislative history for the proposition that the Act was not drafted with the problem of iatrogenic injury in mind”
- claim against physician was vaccine-related because “the injury resulted from the administration of the vaccine,” even though only negligence alleged was in decision to give the vaccine
Source: CourtListener parenthetical corpus (CC0).
Judges: Bennett, Lourie, Plager
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.