Friday, August 05, 2011

Federal Circuit -- CLOER V. SEC. OF HEALTH AND HUMAN SERVICES

CLOER V. SEC. OF HEALTH AND HUMAN SERVICES

 Consistent with the plain meaning of the statute, we hold that 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.

While equitable tolling is held to now be kosher under the Act, this case does not justify.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.