No. 19-5657

Heather Rogero, et vir v. Alex M. Azar, II, Secretary of Health and Human Services

Lower Court: Federal Circuit
Docketed: 2019-08-21
Status: Denied
Type: IFP
Amici (1)Response WaivedRelisted (2)IFP
Tags: autism disability-discrimination encephalopathy federal-programs medical-causation national-childhood-vaccine-injury-compensation-act preponderance-of-evidence rehabilitation-act sequela vaccine-injury vaccine-injury-compensation
Key Terms:
AdministrativeLaw SocialSecurity DueProcess FourthAmendment Securities
Latest Conference: 2019-12-06 (distributed 2 times)
Question Presented (from Petition)

(1) Whether Court of Appeals conclusion, that Rogero had not established by a preponderance of the evidence between his encephalopathy and his DTaP vaccination, is in accordance with 42 U.S.C. § 300aa-13(a)(1)(A) and The Rehabilitation Act, when the Court published findings from preponderance evidence, every required matter of § 300aa-11(c)(1)?

(2) Whether Federal Circuit contravened § 300aa-13(a)(1)(B) as interpreted by this Court in Shalala v. Whitecotton, subsequently violating The Rehabilitation Act, Section 504?

Question Presented (AI Summary)

Whether the child's encephalopathy was caused by his DTaP vaccination and entitled to compensation under the National Vaccine Injury Compensation Program

Docket Entries

2019-12-09
Rehearing DENIED.
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-11-09
Petition for Rehearing filed.
2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-20
Brief amicus curiae of National Autism Society of Pittsburgh, Inc. filed.
2019-09-18
Waiver of right of respondent Azar, Alex to respond filed.
2019-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 20, 2019)
2019-04-02
Application (18A989) granted by The Chief Justice extending the time to file until June 17, 2019.
2019-03-26
Application (18A989) to extend the time to file a petition for a writ of certiorari from April 18, 2019 to June 17, 2019, submitted to The Chief Justice.

Attorneys

Azar, Alex
Noel J. FranciscoSolicitor General, Respondent
Heather Rogero
Heather Rogero — Petitioner
National Autism Society of Pittsburgh, Inc.
Mary HollandAutism Society of Pittsburg, Amicus