      NOTE: This disposition is nonprecedential.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
