Monday, August 27, 2012

A different human genetics case at the CAFC

The non-patent case at the CAFC, Stone v. Secretary of HHS , nevertheless gets into human genetic issues, in the dissent of Judge Newman:

(Special Master Report that “the undersigned finds that petitioners would have likely demonstrated entitlement to compensation if respondent had not demonstrated that Amelia’s SMEI was caused by the genetic mutation located in her SCN1a gene”) (quoted in Secretary’s brief 10). Nevertheless, the Special Master and the Court of Federal Claims denied Vaccine Act relief on the ground that causation had not been shown. They held that a DNA mutation in the SCN1A gene of each infant, which the government’s experts testified appeared to be associated with the seizure disorder of both claimants, could have eventually produced the disorder.


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