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
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