Block on Trump's Asylum Ban Upheld by Supreme Court
Doe v. Sec'y of Health & Human Serv., No. 09-5096, involved a challenge to the decision of the U.S. Court of Federal Claims upholding the special master's denial of claimant's request for compensation on the ground that the claimants failed to prove that their daughter's death was caused by hepatitis B vaccination.
In affirming the denial of compensation, the court concluded that the claimants failed to meet their burden of proving that their daughter's death was caused by the vaccine as the special master's factual findings were not arbitrary or capricious and did not commit legal error in considering evidence of Sudden Infant Death Syndrome, as an alternative cause, as there is nothing in the Vaccine Act that prohibits the government from presenting evidence that plaintiff's death or injury was due to factors unrelated to the vaccine.
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