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SUPREME COURT REVIEW OF VACCINE INJURY TRUST FUND CASE

Executive Summary

SUPREME COURT REVIEW OF VACCINE INJURY TRUST FUND CASE will likely focus on the extent to which pre-existing conditions are to be considered in determining whether a child has been injured by administration of a covered vaccine. On Oct. 31, the Supreme Court granted a writ of certiorari to accept Shalala v. Whitecotton and review a February ruling by the D.C. circuit Court ordering HHS to pay compensation to Margaret Whitecotton for a claim of encephalopathy following administration of a diphtheria-pertussis- tetanus booster in 1975.

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