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CLOER v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 2009-5052.

675 F.3d 1358 (2012)

Melissa CLOER, M.D., Petitioner-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 11, 2012.

Attorney(s) appearing for the Case

Robert T. Moxley, Robert T. Moxley, P.C., of Cheyenne, WY, filed an application for attorneys' fees and costs for petitioner-appellant. Mari C. Bush, Kaye and Bush, LLC, of Denver, CO, filed a supplement to the application. Of counsel was Robert T. Fishman, of Denver, CO.

Anisha S. Dasgupta, Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, filed an opposition for respondent-appellee. With her on the opposition were Tony West, Assistant Attorney General, and Thomas M. Bondy, Attorney.

Opinion for the Court filed by Circuit Judge REYNA, in which Circuit Judges NEWMAN, LINN, DYK, MOORE, O'MALLEY, and WALLACH join. Dissenting opinion filed by Circuit Judge BRYSON, in which Chief Judge RADER and Circuit Judges LOURIE, CLEVENGER, GAJARSA, and PROST join.

ON APPLICATION FOR ATTORNEYS' FEES AND COSTS

REYNA, Circuit Judge.

ORDER

Dr. Melissa Cloer sought compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act"), alleging that her Hepatitis B vaccination caused her multiple sclerosis ("MS"). The Chief Special Master dismissed her petition as untimely, and the United States Court of Federal Claims affirmed. Dr. Cloer appealed, and although...

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