Federal Circuit Affirms Ruling Denying Claims Under the National Childhood Vaccine Injury Act

The Court of Appeals for the Federal Circuit upheld a lower court ruling denying the Petitioners’ claim for compensation under the National Childhood Vaccine Injury Act of 1986 (the “Vaccine Act’). The Petitioners argued that the DTaP vaccine, which is administered to prevent diphtheria, tetanus, and pertussis, injured their minor son, claiming in part that the lower court imposed a higher burden of proof by requiring the Petitioners to prove the injuries were not caused by their son’s “genetic abnormalities.” The Federal Circuit reviewed the lower court findings that the injury was not a listed injury and the Petitioner had not met its burden to prove causation. The  Court ultimately held that the lower court did not err in its conclusion and affirmed the lower court decision denying Petitioner’s claim for compensation.