Fed. Circ. Trims Investigation Rules In Vaccine Suits

Law360, New York (July 12, 2012, 4:13 PM EDT) -- Once a court finds a patient’s disease existed prior to vaccinations, it need not conduct further analysis before denying compensation, the Federal Circuit ruled Wednesday in a precedential decision rejecting a woman's claims blaming her bowel disease on hepatitis B immunizations.

Under the National Childhood Vaccine Injury Act, certain claims are subject to a three-prong analysis that looks for a cause-and-effect relationship between medicines and injuries. But if a court finds that the illness was present before the treatment, that three-part test isn’t necessary, the appeals...
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