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Can the statute of limitations for the vaccine compensation program be challenged now that a biomechanism for injury has been discovered?

1 Answers. Asked on Sep 23rd, 2012 on Personal Injury - Arizona
More details to this question:
My son began having seizures in the doctors office immediately following HepA & Flu vaccine. Seizures continued from that day forward and are well documented. Doctor insisted, at the time, that there was no link (in VAERS table) so no claim of injury was made. Just past the statute of limitations, the medical community (FDA, CDC, all leading researchers) changed its mind and discovered a bio-mechanism for injury. Now, research literature abounds with evidence that epilepsy can develop due to a neuro-immunological assault.
Answers Showing 1 out of 1
John J. Ratkowitz, Esq. at John J. Ratkowitz
Licenced in NJ
Answered on Sep 24th, 2012 at 2:01 PM

It is possible that you have an argument that the statute of limitations should be tolled, but you will have to find a lawyer in your state who is willing to research the issue. Off-hand, I do not know the answer to your question. 

A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell  you whether these estimates are correct.

In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated.

If you think that you may have a viable products liability case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts. 

Click here for more information about me. Click here for more information about my firm.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

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