       NOTE: This disposition is nonprecedential.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
