context: The former requires Jessie to muster favorable, preponderant evidence of a majority or consensus view as to when a vaccine injury could occur at the earliest; the latter requires Jessie to show that a medically-aeceptable time-frame for the onset of his type of illness includes a twenty-four hour post-vaccination occurrence. That medically-aeceptable time-frame may be established by reliable opinion that does not perfectly match the dominant or consensus view in the medical community.
citation_a.signal: see
citation_a.identifier: 418 F.3d 1279, 1279
citation_a.parenthetical: rejecting as too stringent a requirement of "confirmation of medical plausibility from the medical community and literature"
citation_a.sentence: See Althen, 418 F.3d at 1279 (rejecting as too stringent a requirement of “confirmation of medical plausibility from the medical community and literature”); see also Simanski v. Sec’y of Health & Human Servs., 671 F.3d 1368, 1384 (Fed.Cir.2012) (holding that the petitioner’s expert in that case had created a material issue of fact as to whether an earlier onset of the disease than that generally accepted in the medical literature was “ ‘medically acceptable’” (quoting de Bazan, 539 F.3d at 1352)). By crafting a heightened standard for Althen prong three, the special master erred as a matter of law.
citation_b.signal: see also
citation_b.identifier: 671 F.3d 1368, 1384
citation_b.parenthetical: holding that the petitioner's expert in that case had created a material issue of fact as to whether an earlier onset of the disease than that generally accepted in the medical literature was " 'medically acceptable'" (quoting de Bazan, 539 F.3d at 1352
citation_b.sentence: See Althen, 418 F.3d at 1279 (rejecting as too stringent a requirement of “confirmation of medical plausibility from the medical community and literature”); see also Simanski v. Sec’y of Health & Human Servs., 671 F.3d 1368, 1384 (Fed.Cir.2012) (holding that the petitioner’s expert in that case had created a material issue of fact as to whether an earlier onset of the disease than that generally accepted in the medical literature was “ ‘medically acceptable’” (quoting de Bazan, 539 F.3d at 1352)). By crafting a heightened standard for Althen prong three, the special master erred as a matter of law.