Wilkerson v. Sec'y of Health & Human Serv., No. 09-5090

By FindLaw Staff on January 28, 2010 | Last updated on March 21, 2019

Decision of the Court of Federal Claims affirming its Special Master's rejection of a petition for compensation under the National Childhood Vaccine Injury Act is affirmed where: 1) Markovich controls this case and under it the Chief Special Master correctly dismissed the petition as untimely; and 2) the grounds upon which plaintiff seeks to distinguish or avoid Markovich are unpersuasive, as plaintiff's petition was filed more than thirty-six months after the occurrence of the first symptom of the child's injury.

Read Wilkerson v. Sec'y of Health & Human Serv., No. 09-5090

Appellate Information

Appealed from: United States Court of Federal Claims

Decided January 27, 2010

Judges

Before: Mayer, Friedman, and Gajarsa, Circuit Judges

Opinion by Friedman, Circuit Judge

Counsel

For Appellant: Kevin P. Conway, Homer & Chin-Caplan PC

For Appellee: Traci R. Patton, US Department of Justice, Torts Branch