Case: 20-1137 Document: 36 Page: 1 Filed: 08/11/2020 United States Court of Appeals for the Federal Circuit ______________________ ROBERT DAVID DUPUCH-CARRON, ELIZABETH JOANNA CARRON, AS THE LEGAL REPRESENTATIVES OF THEIR MINOR SON, A. R. D-C., Petitioners-Appellants v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee ______________________ 2020-1137 ______________________ Appeal from the United States Court of Federal Claims in No. 1:17-vv-01551-RAH, Judge Richard A. Hertling. ______________________ Decided: August 11, 2020 ______________________ CURTIS RANDAL WEBB, Twin Falls, ID, argued for peti- tioners-appellants. ROBERT PAUL COLEMAN, III, Vaccine/Torts Branch, Civil Division, United States Department of Justice, Wash- ington, DC, argued for respondent-appellee. Also repre- sented by ETHAN P. DAVIS, C. SALVATORE D'ALESSIO, GABRIELLE M. FIELDING, CATHARINE E. REEVES. ______________________ Case: 20-1137 Document: 36 Page: 2 Filed: 08/11/2020 2 DUPUCH-CARRON v. HHS Before PROST, Chief Judge, CLEVENGER and STOLL, Circuit Judges. CLEVENGER, Circuit Judge. Appellants Robert David Dupuch-Carron and Eliza- beth Joanna Carron, husband and wife, are the legal rep- resentatives of the estate of their deceased infant son, A.R. D-C. Appellants filed an action seeking compensation for injuries allegedly compensable under the National Vaccine Injury Compensation Act, 42 U.S.C. §§ 300aa–1 et seq. (“the Vaccine Act”). Appellants asserted standing to seek compensation pursuant to 42 U.S.C. § 300aa– 11(c)(1)(B)(i)(III), which grants standing to a person who “received [a covered] vaccine outside the United States or a trust territory and the vaccine was manufactured by a vaccine manufacturer located in the United States and such person returned to the United States not later than 6 months after the date of the vaccination.” On the parties’ cross-motions for summary judgment, the Special Master ruled that Appellants are ineligible to seek compensation under the Vaccine Act, granted the Secretary of the De- partment of Health & Human Services’ (the “Government” or “HHS”) motion, and dismissed the petition. See Dupuch- Carron v. Sec’y of Health & Hum. Servs., No. 17-1551V, 2019 WL 2263369 (Fed. Cl. Apr. 23, 2019). Appellants filed a motion for review with the United States Court of Federal Claims (“the Claims Court”) pursuant to 42 U.S.C. § 300aa–12(e). The Claims Court denied Appellants’ motion for review. See Dupuch-Carron v. Sec’y of Health & Hum. Servs., 144 Fed. Cl. 659 (2019). For the reasons discussed herein, we affirm. BACKGROUND I. Facts Appellants were domiciled in Nassau, The Bahamas, for the entirety of the time period relevant to this case. Mrs. Carron is a citizen of the United Kingdom and avers Case: 20-1137 Document: 36 Page: 3 Filed: 08/11/2020 DUPUCH-CARRON v. HHS 3 that she is a “frequent visitor to the United States,” spend- ing “10 to 12 long weekends” in the country each year. Dupuch-Carron, 144 Fed. Cl. at 660. During a trip to Coral Gables, Florida from March 24 to April 3, 2015, Mrs. Car- ron visited an internist, who informed her that she was pregnant. After learning of her pregnancy, she claims to have traveled to the United States an additional four times while pregnant. Mr. Dupuch-Carron was born in the United States. He ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals