No. 20-1468

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

Lower Court: Federal Circuit
Docketed: 2021-04-20
Status: Denied
Type: Paid
Tags: compensation compensation-eligibility foreign-vaccination residency-requirement statutory-construction statutory-interpretation vaccine-act vaccine-injury
Key Terms:
AdministrativeLaw SocialSecurity Securities JusticiabilityDoctri Jurisdiction
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Does the ordinary meaning of the words of section 11(c)(1)(B) of the National Childhood Vaccine Injury Act require that a person who received a covered vaccine outside of the United States be a resident of the United States to be eligible for compensation?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Does the ordinary meaning of the words of section 11(@(1)(B)@ (IID) of the National Childhood Vaccine Injury Act (the NCVIA or “Vaccine Act”), 42 USC § 300aa-11(¢) (1)(B)@) CID, 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(@(1)(B)@ (IID) of the National Childhood Vaccine Injury Act (the NCVIA or “Vaccine Act”), 42 USC § 300aa-11(¢) (1)(B)@) CID, 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 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?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-07
DISTRIBUTED for Conference of 9/27/2021.
2021-07-01
Reply of petitioners Robert David Dupuch-Carron, et al. filed.
2021-06-21
Brief of respondent Xavier Becerra, Secretary of Health and Human Services in opposition filed.
2021-04-29
Motion to extend the time to file a response is granted and the time is extended to and including June 21, 2021.
2021-04-28
Motion to extend the time to file a response from May 20, 2021 to June 21, 2021, submitted to The Clerk.
2021-04-16
Petition for a writ of certiorari filed. (Response due May 20, 2021)

Attorneys

Becerra, Xavier
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent
Robert David Dupuch-Carron, et al.
Curtis R. WebbLaw Office of Curtis R. Webb, Petitioner
Curtis R. WebbLaw Office of Curtis R. Webb, Petitioner