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· 11/9/2023

Decatur 1147 LLC v. Anson St. LLC

Citations

  • 221 A.D.3d 425
  • 198 N.Y.S.3d 688
  • 2023 NY Slip Op 05657

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that petitioners must meet the first prong of Althen by a preponderance of the evidence
  • holding that petitioner must establish that she suffers from a “vaccine-related injury,” not merely “a symptom or manifestation of an unknown injury”
  • holding that “it was appropriate for the special master to initially determine which injury [the petitioner] suffered before applying the Althen test”
  • holding that “the special master properly considered the government’s alternative evidence on injury prior to determining causation”
  • holding “a petitioner must provide a reputable medical or scientific explanation that pertains specifically to the petitioner’s case”
  • holding that, when the “injury itself’ was in dispute, “it was appropriate ... for the special' master to first determine which injury was best supported by the evidence presented in the record before applying the Althen test”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced 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.