Justia Health Law Opinion Summaries

The patents at issue relate to balloon-expandable stents, used to treat occluded blood vessels. Following a remand, the district court found that defendants did not literally infringe the patents and rejected claims that the patents were invalid for lack of description or due to inequitable conduct. The Federal Circuit affirmed. Based on the court's proper clarification of its construction of the term "undulating," there was not substantial evidence to support a finding of infringement, nor was there substantial evidence of inequitable conduct.

Plaintiff had no adverse reaction to receiving the hepatitis B vaccine in 1997 until after her third dose. At that time, her chest pain was not attributed to the vaccine. Plaintiff saw other doctors for various symptoms and, in 1998, doctors identified "post vaccine syndrome." Plaintiff has had unrelated medical problems, suffered the loss of a child, and has had jobs that involved working with chemicals and bodily fluids. Her 1999 claim for compensation under the Vaccine Act (42 U.S.C. 300aa-1) was denied. The Federal Circuit affirmed, stating that if was an "unfortunate case," in which plaintiff suffered a multitude of symptoms but could not prove they were caused by the vaccine.

Plaintiff is a physician, disabled by multiple sclerosis, and had no significant medical issues prior to exhibiting symptoms of MS. She received three Hepatitis B immunizations in 1996-1997 and began to experience symptoms. Although she was under medical care, she was not given a provisional diagnosis until 2003. In 2004, she was awarded Social Security disability benefits. Plaintiff first became aware of an association between MS and the Hep-B vaccine in 2004. The Court of Claims affirmed denial of compensation under the Vaccine Injury Compensation Program established by the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. 300aa-1 to -34, as time-barred. The Federal Circuit reverse, holding that the limitations period does not begin running when the claimant first experiences symptoms in cases where the medical community at large does not recognize that the symptom is related to a vaccine and the claimant has not received medical information suggesting a connection.