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Decison involving Vaccine Act's statute of limitations

By FindLaw Staff on May 06, 2010 | Last updated on March 21, 2019

In Cloer v. Sec'y of Health & Human Serv., No. 09-5052, the Federal Circuit faced a challenge to a decision affirming a Chief Special Masters' report denying petitioner's request for compensation under the Vaccine Injury Compensation Program. 

As stated in the decision: "Markovich confirms that, under section 300aa-16(a)(2), in general, a symptom must be recognizable by the medical community at large as constituting a vaccine-related injury.  As this court expressly held, the limitations period begins at the first event objectively recognizable as a sign of a vaccine injury by the medical profession at large."

Thus, the denial of petitioner's request is reversed and remanded as the Vaccine Act's statute of limitations, 42 U.S.C. section 300aa-16(a)(2), does not begin to run where a claimant experiences a symptom of injury, but the medical community at large does not recognize that the symptom is related to a vaccine and the claimant has not received medical information suggesting a connection. 

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