P:\Autism Cases\Dwyer 03-1202V\Opinion Segments NEW
IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF THE SPECIAL MASTERS No. 03-1202V Filed: March 12, 2010 ******************************************************* TIMOTHY and MARIA DWYER, parents of * COLIN R. DWYER, a minor, * Omnibus Autism Proceeding; * Theory 2 Test Case; Petitioners, * Thimerosal-Containing Vaccines; * Ethylmercury; Causation; v. * “Clearly Regressive” Autism; * Oxidative Stress; Sulfur SECRETARY OF THE DEPARTMENT OF * Metabolism Disruption; HEALTH AND HUMAN SERVICES, * Excitotoxicity; Expert * Qualifications; Weight of the Respondent. * Evidence * ******************************************************* DECISION1 James Collins Ferrell, Esq., Houston, TX; Thomas B. Powers, Esq. and Michael L. Williams, Esq., Portland, OR; for petitioners. Lynn Elizabeth Ricciardella, Esq. and Voris Johnson, Esq., U.S. Department of Justice, Washington, DC, for respondent. VOWELL, Special Master: On May 14, 2003, Timothy and Maria Dwyer [“petitioners”] filed a “short form” petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 [the “Vaccine Act” or “Program”], on behalf of their minor 1 Vaccine Rule 18(b) provides the parties 14 days to request redaction of any material “(i) which is trade secret or commercial or financial information which is privileged and confidential, or (ii) which are medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” 42 U.S.C § 300aa12(d)(4)(B). Both parties have waived their right to request such redaction. See Petitioners’ Notice to Waive the 14-Day Waiting Period, filed February 1, 2010; Respondent’s Consent to Disclosure, filed January 13, 2010. Accordingly, this decision will be publically available upon filing. 2 National Childhood Vaccine Injury Act of 1986, Pub.
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