Bloomberg Law
Nov. 7, 2019, 3:56 PM

Federal Circuit Strikes Vaccine Act Award for SIDS Death

Mary Anne Pazanowski
Mary Anne Pazanowski
Legal Reporter

The parents of a baby found dead in his crib aren’t entitled to recover compensation under the National Childhood Vaccine Injury Act because they didn’t have “sound and reliable” proof a vaccine caused his death, the Federal Circuit said Nov. 7.

The U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s conclusion that a special master erred by awarding compensation to Chase Boatman and Maurina Cupid, whose baby’s death was attributed to Sudden Infant Death Syndrome. Baby J.B. had received vaccinations for diphtheria-tetanus-acellular pertussis, polio, rotavirus, and Hepatitis B the day before he died.

A vaccine is ...

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