Supreme Court Rules in Case That Could Change Vaccine Injury Lawsuits
The U.S. Supreme Court declined to hear a case that could have significantly changed vaccine injury lawsuits across America.
In the case of W.J. v. Secretary of Health and Human Services, parents wanted to sue after their child suffered a vaccine injury. However, under the Vaccine Injury Act, all lawsuits must be filled within 36 months.
The unnamed parents made the argument that the tolling provision, which would extend the statute of limitations, should apply in their case. That would give them six years to file a lawsuit.
If the Supreme Court had heard the case and ruled in favor of the parents' ability to sue, it could have allowed other Americans to get more time to sue over vaccine injuries.
The Case
This case centered around "W.J.," represented by his parents, R.J. and A.J.
W.J. received the Measles, Mumps and Rubella (MMR) vaccine at about 1 year old. A year later, W.J. was diagnosed with a speech delay. Yet another year had passed, and W.J. now had an autism diagnosis.
W.J. also ended up experienced immune-related blood disorders, leading to hospitalization, before doctors told his parents he had a chromosomal condition called an Xq28 duplication.
While the parents ended up attempting to file for compensation under the Vaccine Act and through the National Vaccine Injury Compensation Program, they were told it was too late because of the statute of limitations.
"The Federal Circuit Panel Decision in this matter, if left to stand, will unfairly affect some of the least powerful, and most vulnerable, among us—those with legal disabilities," the petitioners wrote in a filing. "The Panel Decision is not only clearly erroneous, but also fundamentally unjust."
The Federal Circuit agreed with Health and Human Services that the tolling provision did not apply in this case.
"We, of course are disappointed by the SCOTUS decision," a representative for the plaintiffs told Newsweek. "We cited a law which clearly states that the statute of limitations for all petitions in the U.S. Court of Federal Claims from people with legal disabilities is tolled until six years after their disability ceases. Apparently now this applies to everyone except vaccine injury petitioners. Is that fair and equitable equal justice for all?"
