Mary Ann Jay and Michael H. Jay, as Legal Representatives of Matthew Michael Jay, Deceased v. Secretary of the Department of Health and Human Services

How courts have described this case

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

• noting that a judicial officer may not “weigh conflicting evidence” to resolve a motion for summary judgment
• finding that, because petitioner did not raise an issue before the special master, “[w]e thus conclude, as did the Claims Court, that it was abandoned.”
• stating that “the persuasiveness of an expert’s explanation is not an issue to be weighed by the court on summary judgment.”
• holding that petitioners had “abandoned” arguments not raised below
• finding that “the parties are not disputing nor is there any dispute as to any facts material to the issues” and holding appellants were entitled to summary judgment
• finding that the petitioners were entitled to judgment as a matter of law where the “undisputed facts of record . . . include that an otherwise healthy child received a [diphtheria-pertussis-tetanus (“DPT”

Source: CourtListener parenthetical corpus (CC0).