· 6/7/2013
Deribeaux Ex Rel. Deribeaux v. Secretary of Health & Human Services
Citations
- 717 F.3d 1363
- 2013 WL 2450627
- 2013 U.S. App. LEXIS 11480
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that to show an alternative cause the Secretary “had to present sufficient evidence to prove that the alternative factor was the sole substantial factor in bringing about the injury”
- ruling the special master was not arbitrary in finding the SCN1A mutation to be the sole cause of the child’s injuries
- ruling the special master was not arbitrary in finding the SCN1A mutation to be the sole cause of the child’s injuries
- describing a procedural history in which information produced during damages led a special master to find the petitioners were not entitled to compensation
- “The Secretary was ‘required not only to prove the existence of [a factor unrelated], but also to prove by a preponderance of the evidence that the [factor unrelated] actually caused’ the injury alleged.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lourie, Clevenger, Reyna
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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