Confirm favorite deletion?
Torts Keyed to Epstein
Pafford v. Secretary of Health and Human Services
Facts
Pafford (P) was vaccinated with DTaP, MMR and OPV following which she developed Still’s disease or Juvenile Rheumatoid Arthritis. She then claimed that the cause of her condition was the vaccination. The evidence presented in favor of her claim did not support the causation theory as the time frame was not medically acceptable to decide that the vaccine triggered off the disease condition. There were other possible causative events during the same time as well, like a positive Mycoplasma test, X-ray evidence suggestive of sinus infection, an episode of tonsillitis some time prior to this and an earlier cold accompanied by diarrhea. A Special Master denied the claim, on the ground that but-for causation was not proved. The Court of Federal Claims allowed a plea for review.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.