NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

MARILYN DAVIS, Petitioner-Appellant,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee. ____________________

2010-5159 ______________________

Appeal from the United States Court of Federal Claims in Case No. 07-VV-451, Judge Charles F. Lettow. ______________________

JUDGMENT ______________________

SYLVIA CHIN-CAPLAN, Conway, Homer, & Chin- Caplan, P.C., of Boston, Massachusetts argued for petitioner-appellant. On the brief was RONALD C. HOMER

DARRYL R. WISHARD, Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC argued for respondent-appellee. With him on the brief were TONY WEST, Assistant Attorney General, TIMOTHY P. GARREN, Director, MARK W. ROGERS, Deputy Director and CATHARINE E. REEVES, Assistant Director. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (LINN, CLEVENGER and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

May 12, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk