Fed. Circ. Allows Attys' Fees For Time-Barred Vaccine Claims

Law360, New York (April 11, 2012, 5:25 PM EDT) -- A deeply divided Federal Circuit held Wednesday that petitioners whose vaccine injury claims are determined to be time-barred can still recover attorneys' fees in the special program established by the U.S. to handle vaccine-related allegations.

The court ruled in a precedential 7-6 decision that petitioner Melissa Cloer was eligible to recover attorneys' fees and costs from the federal government, even though the Federal Circuit ruled en banc last year that claims that a hepatitis B vaccination caused her multiple sclerosis were untimely.

Cloer had sought compensation...
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