Cedillo V. Secretary of Health Essay

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Special Master denied the motion on March 16, 2009 because it was not filed within the 21-day period required by law. He also noted that even if the P's had filed their motion in time, it would not be in the interest of justice to withdraw his decision. On the same day, P's filed with the Court their motion for review of the Special Master's decision.

Facts: Michelle was born on August 30, 1994. Pregnancy and birth were uncomplicated and all medical records up to the vaccines (first 16 months of life) indicate medically verifiable normal health. Michelle experienced some typically childhood ailments; flu symptoms, etc., but at two months of age she was able to focus and follow a moving object; speak a few works at 12 months; crawl at the same time, and began walking at 16 months.

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Michelle received two early hepatitis B vaccinations in 1994, and various other vaccinations between September 1994 and September 1995. On December 20, 1995, Michelle, then 15 months old, received an MMR vaccination at the office of her regular Pediatrician. She next visited said doctor on January 6, 1996, at which time Mrs. Cedillo reported that one week after the MMR vaccination, Michelle developed a fever and serious rash. Although the fever subsequently subsided, it spiked again on January 5, 1996, also culminating in cough and gagging to the point of vomiting. On the morning of January 6, 1996, Michelle's temperature was 105.7 degrees; subsequently Pediatrician diagnosed sinusitis and flu, and prescribed antibiotics.

Michelle visited Pediatrician again on March 15, 1996 for a scheduled well-child 18 months check up. Despite no overt presentations, Pediatrician.....

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