NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

JOAN CAVES, Petitioner-Appellant,

v.

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

2011-5108 ______________________

Appeal from the United States Court of Federal Claims in case no. 07-VV-443, Judge Lynn J. Bush. ______________________

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, MARK W. ROGERS, Acting Director, VINCENT J. MATANOSKI, Acting Deputy Director, and CATHERINE E. REEVES, Assistant Director.

______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

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

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

February 14, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk