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Vaccine Injuries and the Statute of Limitations
When we are asked to lecture on vaccine injuries and vaccine injury cases, we always begin with two questions. First, we ask, “Has everyone had their vaccinations?” If not, we tell them that they should. Second, we ask (whether lawyers, doctors or anyone else), “If you or someone you knew was injured from a vaccine, where would you go to seek compensation?” The answer to the second question is almost universally, “I don't know.”
The lack of attorney knowledge about the National Vaccine Injury Compensation Program has led to a dramatic number of legal malpractice cases, and an even greater number of unrepresented victims. Similarly, in the medical community, doctors are unaware that vaccines can cause catastrophic reactions. As a result, physicians do not file appropriate adverse event reports, do not advise their patients that their conditions may be caused by the vaccines they have just received, and almost never advise their patients that they have legal rights.
Therefore, it is imperative for all attorneys to understand that there is an available recourse for those injured by certain vaccines. Attorneys also need to make themselves aware of the applicable statute of limitations for these causes of action because assumptions about a “discovery rule” or minor's tolling statute can expose a lawyer to a legal malpractice suit.
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