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David J. Carney of Anapol Weiss. David J. Carney of Anapol Weiss.

In December 2016, I wrote an article in The Legal Intelligencer to explain the unique, and often times, crippling statute of limitations provisions set forth by the National Vaccine Injury Compensation Program (42 U.S.C. Sections 300aa-1 to 300aa-34). Since that time, major changes to the Vaccine Injury Table were implemented by a rule change through the Federal Register. The rule change temporarily allows for previously time-barred claims to be resurrected and prosecuted if they meet certain criteria, while also easing the burden of proof for two of the most widespread vaccine injuries.

NVICP Statute of Limitations Recap

The statute of limitations in vaccine-injury cases is not state specific. Since the jurisdiction of these cases is the U.S. Court of Federal Claims in Washington, D.C., a global statute of limitations of three years from the first manifestation of symptoms governs all NVICP cases, 42 U.S. Code Section 300aa–16(a)(2). If the vaccine injury is a death, then the statute of limitations is two years from the date of death or four years from the first manifestation of symptoms that resulted in the death.

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