Vaccine Injuries—Protect Yourself Against Blown Statute of Limitations

When we are asked to lecture on vaccine injuries and vaccine injury cases, we always begin with two questions. First, we ask is, “has everyone had their vaccinations?” If not, we tell everyone that they should. Second, we ask (whether lawyers, doctors or anyone else), “if you or someone you knew was injured from a vaccine, where would you go to seek compensation.” The answer to the second question is almost universally, “I don’t know”. The lack of knowledge of the National Vaccine Injury Compensation Program by attorneys has led to a dramatic number of legal malpractice cases, and an even greater number of unrepresented victims. Similarly, in the medical community, doctors are unaware that vaccines can cause catastrophic reactions. As a result, physicians do not file appropriate adverse event reports, do not advise their patients that their conditions may be caused by the vaccines they have just received, and almost never advise their patients that they have legal rights. As a result, it is imperative for all attorneys to understand that there is an available recourse for those injured by certain vaccines and what the applicable statute of limitations is for these causes of action, because assumptions about a ­discovery rule or minor’s tolling statute can leave you ­exposed to a legal malpractice suit.

Brief history

On Oct. 1, 1988, the National Childhood Vaccine Injury Act of 1986 (42 U.S.C. Sections 300aa-1 to 300aa-34) created the National Vaccine Injury Compensation Program (VICP). The VICP was established to ensure that an adequate number of vaccines were produced, that vaccine costs would stabilize, and that an accessible and efficient forum for individuals found to be injured by certain vaccines was established to remedy those injuries. The VICP is a no-fault alternative to the traditional tort system for resolving vaccine injury claims that provides compensation to people found to be injured by certain vaccines. There are three federal government offices that play integral roles in litigating VICP cases: the U.S. Department of Health and Human Services (HHS), the U.S. Department of Justice (DOJ), and the U.S. Court of Federal Claims (the Court that adjudicates the claims).