NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-5068 LEE ANN KAY, parent of MASON KAY, a minor, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

Kevin P. Conway, Conway, Homer & Chin-Caplan, P.C., of Boston, Massachusetts, argued for petitioners-appellants. Of counsel was Ronald C. Homer.

Lynn E. Ricciardella, Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC argued for respondent-appellee. With her on the brief were Gregory G. Katsas, Assistant Attorney General, Timothy P. Garren, Director, Vincent J. Matanoski, Acting Deputy Director, and Catharine E. Reeves, Assistant Director.

Appealed from: United States Court of Federal Claims Judge Christine O.C. Miller NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-5068

LEE ANN KAY, parent of MASON KAY, a minor, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

Judgment

ON APPEAL from the UNITED STATES COURT OF FEDERAL CLAIMS in CASE NO(S). 05-VV-393.

This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: Per Curiam (LOURIE, RADER, and PROST, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATED November 10, 2008 /s/ Jan Horbaly Jan Horbaly, Clerk