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Positive treatment
Hot · 458 in 5y
Quoted verbatim 19×
148.6 score
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Treatment trajectory · 2006 → 2026 · click a year to view as-of
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2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
Demore v. Secretary of Health and Human Services
under this court's precedent, must prove by preponderant evidence . . . .
examined
Cited as authority (verbatim quote)
Sanchez v. Secretary of Health and Human Services
(4×)
also: Cited as authority (quoted), Cited "see", Cited "see, e.g."
if, for example, symptoms normally first occur ten days after inoculation but petitioner's symptoms first occur several weeks after inoculation, then it is doubtful the vaccination is to blame
examined
Cited as authority (verbatim quote)
M. v. Secretary of Health and Human Services
(2×)
also: Cited as authority (rule)
ithout some evidence of temporal linkage, the vaccination might receive blame for events that occur weeks, months, or years outside of the time in which scientific or epidemiological evidence would expect an onset of harm
examined
Cited as authority (verbatim quote)
Faoro v. Secretary of Health and Human Services
(4×)
also: Cited as authority (rule), Cited "see"
evidence demonstrating petitioner's injury occurred within a medically acceptable time frame bolsters a link between the injury alleged and the vaccination at issue under the 'but-for' prong of the causation analysis.
examined
Cited as authority (verbatim quote)
Day v. Secretary of Health and Human Services
(3×)
also: Cited as authority (rule), Cited "see"
evidence demonstrating petitioner's injury occurred within a medically acceptable time frame bolsters a link between the injury alleged and the vaccination at issue under the 'but-for' prong of the causation analysis.
examined
Cited as authority (verbatim quote)
Roberts v. Secretary of Health and Human Services
(2×)
also: Cited as authority (rule)
evidence demonstrating petitioner's injury occurred within a medically acceptable time frame bolsters a link between the injury alleged and the vaccination at issue under the 'but-for' prong of the causation analysis.
examined
Cited as authority (verbatim quote)
Wirt v. Secretary of Health and Human Services
(2×)
also: Cited as authority (rule)
there may well be a circumstance where it is found that a vaccine can cause the injury at issue and where the injury was temporally proximate to the vaccination, but it is illogical to conclude that the injury was actually caused by the vaccine.
examined
Cited as authority (verbatim quote)
Salmins v. Secretary of Health and Human Services
(2×)
also: Cited as authority (rule)
evidence demonstrating petitioner's injury occurred within a medically acceptable timeframe bolsters a link between the injury alleged and the vaccination at issue under the 'but- for' prong of the causation analysis.
examined
Cited as authority (verbatim quote)
Waters v. Secretary of Health and Human Services
(4×)
also: Cited as authority (rule), Cited "see"
evidence demonstrating petitioner's injury occurred within a medically acceptable time frame bolsters a link between the injury alleged and the vaccination at issue under the 'but-for' prong of the causation analysis.
examined
Cited as authority (verbatim quote)
Michael B. Waters and Kim K. Waters, as Parents and Legal Representatives of Their Minor Son, Karsen Steele Waters v. Secretary of Health and Human Services
(4×)
also: Cited as authority (rule), Cited "see"
evidence demonstrating petitioner's injury occurred within a medically acceptable time frame bolsters a link between the injury alleged and the vaccination at issue under the 'but-for' prong of the causation analysis.
examined
Cited as authority (verbatim quote)
Clifton Haigler and Charity Haigler, Legal Representatives of a Minor Child, Thomas Thurlow Haigler v. Secretary of Health and Human Services
(3×)
also: Cited as authority (rule), Cited "see"
evidence demonstrating petitioner's injury occurred within a medically acceptable time frame bolsters a link between the injury alleged and the vaccination at issue under the 'but-for' prong of the causation analysis.
examined
Cited as authority (verbatim quote)
Tessie Dingle v. Secretary of Health and Human Services
(9×)
also: Cited as authority (rule), Cited "see"
evidence demonstrating petitioner's injury occurred within a medically acceptable time frame bolsters a link between the injury alleged and the vaccination at issue under the 'but-for' prong of the causation analysis.
examined
Cited as authority (verbatim quote)
Pamela Ann Dillon v. Secretary of the Department of Health and Human Services
(3×)
also: Cited as authority (rule), Cited "see"
evidence demonstrating petitioner's injury occurred within a medically acceptable time frame bolsters a link between the injury alleged and the vaccination at issue under the 'but-for' prong of the causation analysis.
examined
Cited as authority (verbatim quote)
Maria Carrino, Spouse and of the Estate of Samuel Carrino v. Secretary of Health and Human Services
(3×)
also: Cited as authority (rule), Cited "see"
evidence demonstrating petitioner's injury occurred within a medically acceptable time frame bolsters a link between the injury 31 alleged and the vaccination at issue under the 'but-for' prong of the causation analysis.
discussed
Cited as authority (verbatim quote)
Doe/11 ex rel. Estate of Child/Doe/11 v. Secretary of the Dept. of Health & Human Services
(2×)
also: Cited as authority (rule)
he special master did not err in requiring specific evidence about a medically acceptable time frame linking the linjuryj to the vaccinations at issue.
discussed
Cited as authority (quoted)
SANCHEZ v. SECRETARY OF HEALTH AND HUMAN SERVICES
if, for example, symptoms normally first occur ten days after inoculation but petitioner's symptoms first occur several weeks after inoculation, then it is doubtful the vaccination is to blame.
examined
Cited as authority (quoted)
Fester v. Secretary of Health and Human Services
evidence demonstrating petitioner's injury occurred within a medically acceptable time frame bolsters a link between the injury alleged and the vaccination at issue under the 'but-for' prong of the causation analysis.
examined
Cited as authority (quoted)
Nathan House v. Secretary of Health and Human Services
(10×)
also: Cited as authority (rule), Cited "see"
hese prongs must cumulatively show that the vaccination was a 'but-for' cause of the harm, rather than just an insubstantial contributor in, or one among several possible causes of, the harm.
examined
Cited as authority (quoted)
Nathan House v. Secretary of Health and Human Services
(10×)
also: Cited as authority (rule), Cited "see"
hese prongs must cumulatively show that the vaccination was a 'but-for' cause of the harm, rather than just an insubstantial contributor in, or one among several possible causes of, the harm.
examined
Cited as authority (rule)
Iverson v. Secretary of Health and Human Services
(3×)
Cir. 2008) (“The government, like any defendant, is permitted to offer evidence to demonstrate the inadequacy of the [P]etitioner’s evidence on a requisite element of the [P]etitioner’s case-in-chief.”); Pafford, 451 F.3d at 1358-59 (“[T]he presence of multiple potential causative agents makes it difficult to attribute ‘but for’ causation to the vaccination. . . . [T]he Special Master properly introduced the presence of the other unrelated contemporaneous events as just as likely to have been the triggering event as the vaccinations.”).
discussed
Cited as authority (rule)
Rudzki v. Secretary of Health and Human Services
(2×)
also: Cited "see"
Pafford, 451 F.3d at 1355-56 (citation omitted).
discussed
Cited as authority (rule)
SHAHBAZ v. SECRETARY OF HEALTH AND HUMAN SERVICES
Cir. 2006) (ruling that the special master could consider alternative causes); id. at 1360 (Dyk, J., dissenting) (the “majority holds that petitioner seeking compensation ... must establish ... an absence of ‘alternative causes’ of the injury”) with Walther v. Sec'y of Health & Hum.
discussed
Cited as authority (rule)
Larue v. Secretary of Health and Human Services
“Petitioner must show that the vaccine was the ‘but for’ cause of the harm.’” Pafford, 451 F.3d at 1356 (internal citations omitted). 28 Here, Petitioner has failed to provide preponderant evidence of a logical sequence of cause and effect that shows her flu vaccine caused her CIDP.
cited
Cited as authority (rule)
Boyd v. Secretary of Health and Human Services
Pafford, 451 F.3d at 1355-56 (citations omitted).
cited
Cited as authority (rule)
Dryer-Minnerly v. Secretary of Health and Human Services
Pafford, 451 F.3d at 1355-56 (citations omitted).
examined
Cited as authority (rule)
Hunt v. Secretary of Health and Human Services
(3×)
also: Cited "see"
“Petitioner must show that the vaccine was the ‘but for’ cause of the harm . . . or in other words, that the vaccine was the ‘reason for the injury.’” Pafford, 451 F.3d at 1356 (internal citations omitted).
discussed
Cited as authority (rule)
Cote v. Secretary of Health and Human Services
(2×)
Whereas under the first Althen prong, petitioner must present a general medical theory explaining that the vaccine in question “can” cause the type of injury in question, Pafford, 451 F.3d at 1355-56, under the second and third prongs petitioner must also present evidence that the vaccine “did” cause petitioner’s own injury.
cited
Cited as authority (rule)
Clarke v. Secretary of Health and Human Services
Servs., 451 F.3d 1352, 1355 (Fed.
cited
Cited as authority (rule)
WILLIFORD v. SECRETARY OF HEALTH AND HUMAN SERVICES
Pafford, 451 F.3d at 1355-56 (citations omitted).
discussed
Cited as authority (rule)
Alvarado v. Secretary of Health and Human Services
(2×)
Pafford, 451 F.3d at 1355-56.
discussed
Cited as authority (rule)
Schulz v. Secretary of Health and Human Services
Pafford, 451 F.3d at 1358; de Bazan, 539 F.3d at 1352 (holding the third prong “requires preponderant proof that the onset of symptoms occurred within a time frame for which, given the medical understanding of the disorder’s etiology, it is medically acceptable to infer causation-in-fact”).
examined
Cited as authority (rule)
Romero v. Secretary of Health and Human Services
(3×)
Pafford, 451 F.3d at 1355-56 (citation omitted).
cited
Cited as authority (rule)
French v. Secretary of Health and Human Services
Pafford, 451 F.3d at 1358.
examined
Cited as authority (rule)
Jett-Crawford v. Secretary of Health and Human Services
(3×)
Cir. 2008) (“The government, like any defendant, is permitted to offer evidence to demonstrate the inadequacy of the [P]etitioner’s evidence on a requisite element of the [P]etitioner’s case-in-chief.”); Pafford, 451 F.3d at 1358-59 (“[T]he presence of multiple potential causative agents makes it difficult to attribute ‘but for’ causation to the vaccination. . . . [T]he Special Master properly introduced the presence of the other unrelated contemporaneous events as just as likely to have been the triggering event as the vaccinations.”). 25 B.
examined
Cited as authority (rule)
Alqulissi v. Secretary of Health and Human Services
(4×)
also: Cited "see, e.g."
Cir. 2008) (“The government, like any defendant, is permitted to offer evidence to demonstrate the inadequacy of the [P]etitioner’s evidence on a requisite element of the [P]etitioner’s case-in-chief.”); Pafford, 451 F.3d at 1358-59 (“[T]he presence of multiple potential causative agents makes it difficult to attribute ‘but for’ causation to the vaccination. . . . [T]he Special Master properly introduced the presence of the other unrelated contemporaneous events as just as likely to have been the triggering event as the vaccinations.”).
discussed
Cited as authority (rule)
Sinclair v. Secretary of Health and Human Services
(2×)
“Petitioner must show that the vaccine was the ‘but for’ cause of the harm…or in other words, that the vaccine was the ‘reason for the injury.’ ” Pafford, 451 F.3d at 1356 (internal citations omitted).
discussed
Cited as authority (rule)
Gillon v. Secretary of Health and Human Services
(2×)
also: Cited "see, e.g."
“Petitioner must show that the vaccine was the ‘but for’ cause of the harm…or in other words, that the vaccine was the ‘reason for the injury.’” Pafford, 451 F.3d at 1356 (internal references omitted).
examined
Cited as authority (rule)
Dewit v. Secretary of Health and Human Services
(5×)
also: Cited "see"
Pafford, 451 F.3d at 1355-56 (citation omitted); Knudsen, 35 F.3d at 548 .
examined
Cited as authority (rule)
Strouse v. Secretary of Health and Human Services
(3×)
Cir. 2009); Pafford, 451 F.3d at 1355-56.
discussed
Cited as authority (rule)
Billing v. Secretary of Health and Human Services
(2×)
Pafford, 451 F.3d at 1355-56.
cited
Cited as authority (rule)
Pahos v. Secretary of Health and Human Services
Cir. 1999); Pafford v. Sec’y of Health and Human Servs., 451 F.3d 1352, 1355 (Fed.
examined
Cited as authority (rule)
Hubbard v. Secretary of Health and Human Services
(4×)
also: Cited "see"
Cir. 2008) (“The government, like any defendant, is permitted to offer evidence to demonstrate the inadequacy of the [P]etitioner’s evidence on a requisite element of the [P]etitioner’s case-in-chief.”); Pafford, 451 F.3d at 1358-59 (“[T]he presence of multiple potential causative agents makes it difficult to attribute ‘but for’ causation to the vaccination. . . . [T]he Special Master properly introduced the presence of the other unrelated contemporaneous events as just as likely to have been the triggering event as the vaccinations.”).
examined
Cited as authority (rule)
Althaus v. Secretary of Health and Human Services
(4×)
also: Cited "see"
Cir. 2008) (“The government, like any defendant, is permitted to offer evidence to demonstrate the inadequacy of the [P]etitioner’s evidence on a requisite element of the [P]etitioner’s case-in-chief.”); Pafford, 451 F.3d at 1358-59 (“[T]he presence of multiple potential causative agents makes it difficult to attribute ‘but for’ causation to the vaccination. . . . [T]he Special Master properly introduced the presence of the other unrelated contemporaneous events as just as likely to have been the triggering event as the vaccinations.”).
examined
Cited as authority (rule)
Fee v. Secretary of Health and Human Services
(3×)
also: Cited "see"
“Petitioner must show that the vaccine was the ‘but for’ cause of the harm . . . or in other words, that the vaccine was the ‘reason for the injury.’” Pafford, 451 F.3d at 1356 (internal citations omitted).
cited
Cited as authority (rule)
Rodriguez v. Secretary of Health and Human Services
Pafford, 451 F.3d at 1355-56 (citations omitted).
examined
Cited as authority (rule)
Malar v. Secretary of Health and Human Services
(4×)
also: Cited "see"
Cir. 2008) (“The government, like any defendant, is permitted to offer evidence to demonstrate the inadequacy of the [P]etitioner’s evidence on a requisite element of the [P]etitioner’s case-in-chief.”); Pafford, 451 F.3d at 1358-59 (“[T]he presence of multiple potential causative agents makes it difficult to attribute ‘but for’ causation to the vaccination. . . . [T]he Special Master properly introduced the presence of the other unrelated contemporaneous events as just as likely to have been the triggering event as the vaccinations.”). 20 B.
discussed
Cited as authority (rule)
McKENNEY v. SECRETARY OF HEALTH AND HUMAN SERVICES
(2×)
“Petitioner must show that the vaccine was the ‘but for’ cause of the harm…or in other words, that the vaccine was the ‘reason for the injury.’ ” Pafford, 451 F.3d at 1356 (internal citations omitted). 17 In evaluating whether this prong is satisfied, the opinions and views of the vaccinee’s treating physicians are entitled to some weight.
cited
Cited as authority (rule)
S. v. Secretary of Health and Human Services
Pafford, 451 F.3d at 1355-56 (citations omitted).
examined
Cited as authority (rule)
Johnson v. Secretary of Health and Human Services
(3×)
Cir. 2008) (“The government, like any defendant, is permitted to offer evidence to demonstrate the inadequacy of the [P]etitioner’s evidence on a requisite 35 element of the [P]etitioner’s case-in-chief.”); Pafford, 451 F.3d at 1358-59 (“[T]he presence of multiple potential causative agents makes it difficult to attribute ‘but for’ causation to the vaccination. . . . [T]he Special Master properly introduced the presence of the other unrelated contemporaneous events as just as likely to have been the triggering event as the vaccinations.”).
cited
Cited as authority (rule)
Martin v. Secretary of Health and Human Services
Pafford, 451 F.3d at 1355-56 (citations omitted).
Retrieving the full opinion text from the archive…
Pafford
v.
Secretary of Health and Human Services
v.
Secretary of Health and Human Services
2005-5106.
Court of Appeals for the Federal Circuit.
Jun 20, 2006.
451 F.3d 1352
Cited by 98 opinions | Published
Citer courts: Federal Claims (4)
United States Court of Appeals for the Federal Circuit
ERRATA
June 27, 2006
Appeal No. 05-5106
Precedential Majority Opinion, Pafford v HHS
Decided June 20, 2006
Page 1, footnote 1, line 2: please delete “German measles” and insert “whooping cough”.