Dupuch-Carron v. Secretary of Health and Human Services

 
DOCKET NO.
OP. BELOW
SUBJECT
Vaccine Act

Question(s) Presented

1. Does the ordinary meaning of the words of section 11(c)(1)(B)(i)(III) of the National Childhood Vaccine Injury Act (the NCVIA or “Vaccine Act”), 42 USC § 300aa-11(c) (1)(B)(i)(III), require that a person who received a covered vaccine outside of the United States be a resident of the United States in order to be eligible to seek compensation under that section of the Vaccine Act?

2. Does the ordinary meaning of the words in section 11(c)(1)(B)(i)(III) of the National Childhood Vaccine Injury Act (the NCVIA or “Vaccine Act”), 42 USC § 300aa-11(c) (1)(B)(i)(III), require that a person who received a covered vaccine outside of the United States had been present in the United States “While living and breathing outside of his mother’s body” before receiving that vaccine in order to satisfy Section 11(c)(1)(B)(i)(III)’s requirement that the person “returned to the United States not later than six months after the date of “ the vaccination received outside of the United States?

Posts About this Case

Date
Proceedings and Orders
April 29, 2021
Motion to extend the time to file a response is granted and the time is extended to and including June 21, 2021.