NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

MELISSA KENNEDY, AS NEXT FRIEND FOR, MICHAEL DAN KENNEDY, Petitioners-Appellants,

v.

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

2011-5106 ______________________

Appeal from the United States Court of Federal Claims in Case No. 90-VV-1009, Judge Francis M. Allegra. ______________________

JUDGMENT ______________________

ANDREW D. DOWNING, Rhodes, Hieronymus, Jones, Tucker & Gable, of Tulsa, Oklahoma, argued for petitioners-appellants.

MICHAEL P. MILMOE, Senior Trial Counsel, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent- appellee. With him on the brief TONY WEST, Assistant Attorney General, MARK W. ROGERS, Acting Director, VINCENT J. MATANOSKI, Acting Deputy Director, and CATHARINE E. REEVES, Assistant Director. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

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

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

October 15, 2012 /s/ Jan Horbaly____________ Date Jan Horbaly Clerk