Attorneys in untimely vaccine injury cases allowed to recover legal fees

05/20/2013 // West Palm Beach , Florida, US // JusticeNewsFlash // Justice News Flash // (press release)

US – A Supreme Court ruling allows attorneys in untimely vaccine injury cases to seek legal fees. As reported by Reuters, the court ruled Monday that legal fees may be recovered by lawyers even if claims were dismissed due to their being filed too late for clients to be awarded payment for injuries.

The ruling was made regarding the case of Dr. Melissa Cloer who filed a lawsuit alleging she developed multiple sclerosis after being vaccinated for Hepatitis-B. The decision allows her to seek compensation for attorney fees under the National Vaccine Injury Compensation Program even though the filing of her claim did not meet the required deadline.

Justice Sonia Sotomayor is quoted in the report as writing for the court, “If Congress had intended to limit fee awards to timely petitions, it could easily have done so.”

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