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Vaccine Act suit time-barred (access required)

Published: August 10, 2011

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The statute of limitations under the Vaccine Act was triggered when the plaintiff first exhibited symptoms or manifestations of the claimed injury, the en banc Federal Circuit has ruled in finding a suit time-barred.

Vaccine Act attorney fees based on ‘local’ rates (access required)

By: Pat Murphy
Published: March 17, 2011

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A Vaccine Act plaintiff’s award of attorney fees was properly based on the reasonable rates charged in his lawyer’s locality, the Federal Circuit has ruled in affirming judgment.

DOJ ‘matrix’ doesn’t set attorney fees under Vaccine Act (access required)

By: Pat Murphy
Published: February 11, 2011

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A Vaccine Act plaintiff was not entitled to an award of attorney fees based on the fee matrix adopted for complex federal litigation, the Federal Circuit has ruled in affirming judgment.

Vaccine Act claimant can’t recover for flu shot (access required)

By: Pat Murphy
Published: September 13, 2010

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A Vaccine Act claimant couldn’t show that his spinal injuries were caused by a flu shot he received when he was 63 years old, the Federal Circuit has ruled in affirming judgment.

Vaccine Act plaintiffs can’t show autism link (access required)

By: Pat Murphy
Published: August 31, 2010

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Plaintiffs who filed a claim for compensation under the federal Vaccine Act could not show that their daughter’s autism was the result of a measles vaccine she received as an infant, the Federal Circuit has ruled.

Parents can’t prove vaccine-autism link (access required)

By: Sylvia Hsieh
Published: May 14, 2010

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Parents bringing a claim under the Vaccine Act cannot prove their child’s autism was caused by the MMR (measles mumps and rubella) vaccine, the Federal Circuit has ruled in affirming the Court of Federal Claims.

Vaccine Act claim isn’t time-barred (access required)

By: Pat Murphy
Published: May 7, 2010

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The statute of limitations on a claim brought under federal vaccine law was not triggered when the plaintiff first exhibited symptoms of her illness, the Federal Circuit has ruled in reversing a dismissal.

Government can introduce alternate cause of death in Vaccine Act case (access required)

By: Correy Stephenson
Published: April 14, 2010

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The government is not precluded from introducing evidence that a child’s death following a hepatitis B vaccination was due to sudden infant death syndrome, the Federal Circuit has ruled.

VACCINE ACT (access required)

By: Nora Tooher
Published: March 8, 2010

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Does the Vaccine Act preempt all vaccine design defect claims, regardless of whether the vaccine’s side effects were unavoidable?

See “Court to rule on Vaccine Act.

Court to rule on Vaccine Act (access required)

By: Nora Tooher
Published: March 8, 2010

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The U.S. Supreme Court has agreed to decide whether the Vaccine Act preempts all vaccine design defect claims, regardless of whether the vaccine’s side effects were unavoidable.

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