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· 1/25/1867

Lou. & Nash. Railroad v. Wainscott

Citations

  • 66 Ky. 149
  • 3 Bush 149
  • 1867 Ky. LEXIS 148

How courts have described this case

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

  • acknowledging that the special master did not exclude evidence, and “[i]ndeed. . .took the initiative to introduce [evidence]” and gave the parties opportunity to address the new material
  • referring to the different role of the special master given the unique nature of the Vaccine Program
  • denying review of special master’s denial of entitlement where petitioner alleged that tetanus vaccine caused the most common GBS variant, AIDP, and respondent submitted the 2012 IOM study
  • finding an interval of approximately two weeks is medically acceptable, though dismissing the petition
  • “[i]n most cases, there are no definitive answers to the question of vaccine causation. The answers will come in the future, as medical science progresses”
  • “[A] special master does not need to credit expert opinion testimony that is connected to the existing data or methodology only by the ipse dixit of the expert . . . .” (internal citation marks and footnote omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Robertson

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.