This morning, the Federal Circuit released one precedential opinion and two nonprecedential orders. The opinion reverses and remands a judgment if the Court of Federal Claims, finding that the court relied upon a legally erroneous construction of “surgical intervention” in addressing a claim under the National Childhood Vaccine Injury Act. One of the orders transfers an appeal. The other dismisses an appeal. Here is the introduction to the opinion, selected text from the transfer order, and a link to the dismissal.

Leming v. Department of Health and Human Services (Precedential Opinion)

A.L., the daughter of Petitioners-Appellants Victoria and Kevin Leming, experienced immune thrombocytopenic purpura after receiving the DTaP, Hib, and MMR vaccines.  As a result of her vaccine injury, she was hospitalized for two weeks and underwent a bone marrow aspiration and biopsy.  The Court of Federal Claims held that the Lemings could not establish by a preponderance of the evidence that A.L. satisfied the “surgical intervention” severity requirement of 42 U.S.C. § 300aa-11(c)(1)(D)(iii).  Because the court below relied upon a legally erroneous construction of “surgical intervention,” we reverse and remand. 

Chijioke-Uche v. Equifax Information Services, LLC (Nonprecedential Order)

In response to the court’s January 18, 2024 show cause order, Jeffrey Solomon K. Chijioke-Uche urges this court to retain jurisdiction over these appeals.  Appellees have not responded.  

* * *



This matter and all its filings are transferred to the United States Court of Appeals for Third Circuit pursuant to 28 U.S.C. § 1631.