Rose Capizzano v. Secretary 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.

• holding that “the chief special master erred in not considering the opinions of the treating physicians who concluded that the vaccine was the cause of Ms. Capizzano’s injury”
• holding that close calls regarding causation are resolved in favor of injured claimants, based on the system Congress created
• holding that such studies cannot be required to show a logical sequence of cause and effect, the second of the Althen prongs
• holding that treating physicians are likely in the best position to determine whether the vaccination was the reason for the injury
• holding that evidence used to satisfy one Althen prong may overlap to satisfy another prong
• concluding that requiring epidemiological studies is contrary to Althen and impermissibly raises petitioner’s burden

Source: CourtListener parenthetical corpus (CC0).