Fed. Circ. Curbs Future Earnings Recovery In Vaccine Deaths

Law360, New York (October 28, 2013, 4:56 PM EDT) -- The estates of minors who die from vaccine-related injuries cannot receive damages for the anticipated earnings from the age of 18 if the patient has died by the time of the compensation judgment, the Federal Circuit ruled Monday. 

A three-judge panel said in a precedential opinion that federal rules governing vaccine injury compensation have restrictions for minors under the age of 18, and they only allow for the recovery of anticipated earnings that a vaccine-injury victim is capable of earning. If a victim is already deceased...
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Case Information

Case Title

Tembenis v. HHS


Case Number

13-5029

Court

Appellate - Federal Circuit

Nature of Suit

492 Injury - Thimerosal

Date Filed

December 27, 2012

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