United States Federal Circuit

In a dispute involving a claim under the National Vaccine Injury Compensation Program and concerning the proper interpretation and application of the statute of limitations in the National Childhood Vaccine Injury Act (Vaccine Act), 42 U.S.C. sections 300aa-1 to -34, judgment of the trial court dismissing claim as untimely is affirmed because: 1) the statute of limitations of the Vaccine Act begins to run on the calendar date of the occurrence of the first medically recognized symptom or manifestation of onset of the injury claimed by the petitioner; and 2) where Brice v. Secretary of Health & Human Services is reversed, such that equitable tolling is now applicable to Vaccine Act cases even though the appellant failed to establish that she is entitled to such equitable redress.

Appellate Information

• Decided 08/05/2011
• Published 08/05/2011

Judges

Court

• United States Federal Circuit

Counsel