Last Monday, the U.S. Supreme Court unanimously confirmed that attorneys may recover fees and costs for a petition seeking compensation for a vaccine injury even if it is ultimately found to be untimely (filed past the 36 month statute of limitations).  In Sebelius v. Cloer, the Supreme Court had to determine whether a finding that a petition was untimely was a bar to awarding attorney’s fees.

Under the National Childhood Vaccine Injury Act attorney’s may not seek payment from a client for filing a petition; instead the Act provides for payment of attorney’s fees and costs from the fund whether the claim was successful or unsuccessful so long as the petition was filed in good faith and there was a reasonable basis for the claim.  In order to be timely the petition must be filed within 36 months of the date of the first symptom of such injury.  42 U.S.C. §300aa-16(a)(2).

The issue of timeliness is not jurisdictional in cases seeking compensation under the Act, and is often not determined until substantial time and resources have been spent.  For instance, in Sebelius v. Cloer, Dr. Cloer received a vaccine in 1997; one month after the vaccine she started experiencing some tingling and numbness in one arm.  The numbness gradually spread, but it wasn’t until 2003 that she was diagnosed with multiple sclerosis (MS).  In 2004, Dr. Cloer learned of a link between MS and the vaccine she received.  Dr. Cloer filed her petition for compensation for her vaccine injury in 2005.  After reviewing the petition and the supporting documentation the Special  Master determined that Dr. Cloer’s first symptom of MS was in 1997.  Thus, the petition filed in 2005 was well beyond the 36 month limitations period.

Pandemrix, the H1N1 vaccine produced by GlaxoSmithKline, has been linked to an increased incidence of narcolepsy in children that received the vaccine.  Narcolepsy is a chronic sleep disorder with symptoms including, daytime sleepiness, hallucinations, and cataplexy (sudden loss of muscle tone and inability to move triggered by strong emotion).

The vaccine, administered in 2009-2010, has been linked to more than eight hundred cases of narcolepsy in children.  Studies in Finland and Britain found that children are 13-14 times more likely to suffer from narcolepsy after receiving the vaccine.

While studies regarding the cause of this increase are ongoing, it is likely that the vaccine’s adjuvant, AS03, a squalene-based adjuvant, plays a role.  Some researchers believe that the increased effectiveness of AS03 in boosting an immune response could have increased an adverse immune response as well.

At Kraus Law Group, LLC, attorney Ed Kraus fights for compensation for people who have been injured by vaccines. We handle claims for all types of vaccines, including:

• DTaP
• Hepatitis B
• Gardasil/HPV
• Flu shot
• MMR
• Varicella

The National Vaccine Injury Compensation Program (VICP) was created by congress. This no-fault system provides compensation for lost wages, medical expenses, and pain and suffering, as long as your injury is determined to be caused by a vaccination you received.

You are not required to hire a lawyer to file a VICP claim for you; however, our attorney can prepare your claim accurately and file it efficiently. Our vaccine injury services are free, because you will not pay any attorney’s fees for filing a VICP claim.