In Cloer v. Sec'y of Health & Human Serv., No. 09-5052, the Federal Circuit faced a challenge to a decision affirming a Chief Special Masters' report denying petitioner's request for compensation under the Vaccine Injury Compensation Program.
As stated in the decision: "Markovich confirms that, under section 300aa-16(a)(2), in general, a symptom must be recognizable by the medical community at large as constituting a vaccine-related injury. As this court expressly held, the limitations period begins at the first event objectively recognizable as a sign of a vaccine injury by the medical profession at large."
Thus, the denial of petitioner's request is reversed and remanded as the Vaccine Act's statute of limitations, 42 U.S.C. section 300aa-16(a)(2), does not begin to run where a claimant experiences a symptom of injury, but the medical community at large does not recognize that the symptom is related to a vaccine and the claimant has not received medical information suggesting a connection.
- Full text of Cloer v. Sec'y of Health & Human Serv