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Robert David Dupuch-Carron, et ux. v. Xavier Becerra, Secretary of Health and Human Services

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-1137 · judgment August 11, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions 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?

Counsel of record

For petitioner
Curtis R. Webb
Law Office of Curtis R. Webb

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 07 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 01 2021
    Reply of petitioners Robert David Dupuch-Carron, et al. filed.
  4. Jun 21 2021
    Brief of respondent Xavier Becerra, Secretary of Health and Human Services in opposition filed.
  5. Apr 29 2021
    Motion to extend the time to file a response is granted and the time is extended to and including June 21, 2021.
  6. Apr 28 2021
    Motion to extend the time to file a response from May 20, 2021 to June 21, 2021, submitted to The Clerk.
  7. Apr 16 2021
    Petition for a writ of certiorari filed. (Response due May 20, 2021)