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· 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 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.