for such a vaccine-related injury or death, unless a petition has been filed, in accordance with section 300aa-16 of this title, for compensation under the Program for such injury or death and— (i)(I) the United States Court of Federal Claims has issued a judgment under section 300aa-12 of this title on such petition, and (II) such person elects under section 300aa-21(a) of this title to file such an action, or (ii) such person elects to withdraw such petition under section 300aa-21(b) of this title or such petition is considered withdrawn under such section. 21 . Id. § 300aa-l 1(a)(2)(B) (“If a civil action which is barred under subparagraph (A) is filed in a State or Federal court, the court shall dismiss the action.”). 22 . Id. § 300aa-l 1(a)(2)(A). 23 . See Moss, 381 F.3d at 505 (<HOLDING>). 24 . McDonal v. Abbott Laboratories, 408 F.3d
recognizing loss of consortium claims recognizing cause of action for loss of consortium holding loss of consortium claim is derivative of spouses substantive claim holding that wifes recovery for loss of consortium should not be reduced by the proportion of negligence attributable to husband because claim for loss of consortium is independent of the damages claim of the injured spouse holding that the vaccine act does not bar a parents claim for loss of consortium suffered as a result of his childs vaccinerelated injuries