DiMasi v. Secretary of Health and Human Services

 
APPEAL NO.
22-1854
OP. BELOW
CFC
OPINION
TBD
SUBJECT
Vaccine
AUTHOR
TBD

Issue(s) Presented

1. “Whether the special master abused his discretion by denying relief from judgment under Rule 60(b)(1) when a mistake of fact infected the special master’s decision denying compensation.”

2. “Whether the special master abused his discretion by denying relief under Rule 60(b)(6) given that Counsel lacked actual authority to compromise Ms. DiMasi’s significant-aggravation claim.”

3. “Whether the special master abused his discretion by denying Ms. DiMasi’s Rule 60 motion without an evidentiary hearing.”

4. “Whether the special master abused his discretion by relying on the presumption this Court rejected in Kirby v. Sec’y of Health & Human Servs., 997 F.3d 1378 (Fed. Cir. 2021).”