This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion vacates and remands a case decided by the Merit Systems Protection Board. The nonprecedential opinion affirms a judgment of the Court of Federal Claims in a vaccine case. The order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.
Perlick v. Department of Veterans Affairs (Precedential)
Dr. Deborah A. Perlick petitions for review of a decision of the Merit Systems Protection Board (“the Board”) denying-in-part and granting-in-part her request for consequential damages and compensatory damages pursuant to 5 U.S.C. § 1221(g). Perlick, Deborah A. v. Dep’t of Veterans Affs., No. NY-1221-19-0052-P-2, 2022 WL 2905315 (M.S.P.B. July 18, 2022) (“Decision”) (J.A. 77–109).2 We vacate the Board’s decision and remand for further proceedings consistent with this opinion.
Kalajdzic v. Secretary of Health and Human Services (Nonprecedential)
A.K.’s parents, Laura and Bojan Kalajdzic (collectively, the Kalajdzics), appeal a decision of the United States Court of Federal Claims under the National Childhood Vaccine Injury Act of 1986 (Vaccine Act), affirming a decision of Chief Special Master Brian H. Corcoran. The Chief Special Master denied compensation for narcolepsy with cataplexy allegedly caused by administration of the FluMist vaccine. Kalajdzic ex rel. A.K. v. Sec’y of Health & Hum. Servs., No. 17-792V, 2022 WL 2678877 (Fed. Cl. June 17, 2022) (Special Master Op.), aff’d Dkt. No. 79 (Fed. Cl. Oct. 27, 2022).
We affirm because the Chief Special Master’s decision applied the correct legal standard; was not arbitrary, capricious, or an abuse of discretion; and was otherwise in accordance with the law. See 42 U.S.C. § 300aa-12(e)(2)(B). We write for the parties and therefore omit the factual and procedural background from this opinion.