High Court Urged To Bar Fees For Untimely Vaccine Claims
High Court Urged To Bar Fees For Untimely Vaccine Claims
Law360, New York (March 19, 2013, 6:36 PM ET) -- The U.S. Supreme Court on Tuesday treated with skepticism the federal government's contention that attorneys should not receive fees for vaccine injury claims determined to be time-barred, as justices and attorneys debated what constitutes a filing with the government's special vaccine compensation program.
The government is challenging an April en banc ruling by the Federal Circuit that petitioner Melissa Cloer was eligible to recover attorneys' fees and costs through the special program established by the U.S. to handle vaccine-related allegations, the National Vaccine Injury Compensation Program, even though her claims were ultimately found to be barred by the statute of limitations.
Congress enacted the no-fault program in 1986 to shield vaccine makers from financially devastating jury verdicts. The program allows losing petitioners to recover fees if their claims were reasonable and made in good faith, but government attorney Benjamin Horwich told the high court that recovery should not extend to time-barred claims.
Justice Samuel Alito asked Horwich about the difference between a timely filed petition denied because the claimant cannot link his or her injury to a vaccine and a petition denied as time-barred, saying there could be a factual dispute in the latter situation.
“Why would Congress want to draw a distinction between these two situations for purposes of attorneys' fees?” Justice Alito said.
http://www.law360.com/articles/422150/high-court-urged-to-bar-fees-for-untimely-vaccine-claims
