Capizzano v. Secretary of Health and Human Services, (2006)

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Capizzano v. Secretary of Health and Human Services, (2006)

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Federal Circuit

ROSE CAPIZZANO,

Petitioner-Appellant,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent-Appellee.

Kevin P. Conway, Conway, Homer & Chin-Caplan, PC, of Boston, Massachusetts, argued for petitioner-appellant. On the brief was Ronald C. Homer.

Vincent J. Matanoski, Attorney, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were Peter D. Keisler, Assistant Attorney General, United States Department of Justice, of Washington, DC and Ann K. Donohue, Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC.

Appealed from: United States Court of Federal Claims

Senior Judge James F. Merow

United States Court of Appeals for the Federal Circuit

ROSE CAPIZZANO,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent-Appellee.

DECIDED: March 9, 2006

Before SCHALL, GAJARSA, and PROST, Circuit Judges. SCHALL, Circuit Judge.

Rose Capizzano appeals the final decision of the United States Court of Federal Claims that sustained the decision of the chief special master denying her petition for compensation under the Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act" or "Act"). Capizzano v. Sec'y of Health & Human Servs., 63 Fed. Cl. 227 (2004) ("Capizzano II"). The chief special master ruled that Ms. Capizzano failed to establish that the rheumatoid arthritis (sometimes "RA") from which she suffers was caused by an injection of hepatitis B vaccine that she received. Capizzano v. Sec'y of

Petitio...

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