[CoMeD] [PR] Court Resets Filing Time for 'Autism' Vaccine-Injury Claims

[Guest guest]

All,

Attached is a press relaease that suggests that many

parents who think their chidren's " autism " was caused

by a vaccine (e.g., MMR) or a vaccine type (e.g., a

Thimerosal-preserved vaccine) MAY have more time

to file their claims/petitions with the " vaccine court " and

some may have the right to have their petitions reheard

if their petitions were dismissed for lack of " timeliness " .

Please carefully read the attached Press Release

carefully and distribute it to everyone you know who MAY

have a vaccine-injured child.

Both a " .pdf " and a " .doc " file are provided.

For those who do not get attachments, a very rough text

follows:

>Court Resets Filing Time For 'Autism' Vaccine-

>Injury Claims

>

>PRESS RELEASE CONTACTS:

>For Immediate CoMeD President

>Release [Rev. K. Sykes

>May 28, 2010 (Richmond, VA)

> ]

> CoMeD Science Advisor

> [Dr. G. King

> (Lake Hiawatha, NJ)

> ]

>

>Washington, DC - Parents who think

>their child's diagnosed autism is

>vaccine related, but were

>previously barred from seeking

>compensation due to " timeliness "

>issues, may be entitled to their

>day in court, thanks to this recent

>US Appeals Court decision. Those

>who may now be entitled to file a

>vaccine-injury petition should do

>so as soon as possible, as it is

>highly likely that DHHS will try to

>overturn this ruling in the future.

>

>There are currently 5000+ petitioners

>petitioners claiming a vaccine-caused

>autism injury. The autism community

>would make an undeniable statement

>and probably force Congressional

>action on this issue if this number

>became hundreds of thousands. The

>necessary form and instructions for

>filing a short-form autism petition

>are available on line at:

>http://www.shoemakerassociates.com/index.php?option=com_content & view=articl

e & id=69:filing-a-pro-se-short-form-autism-petition & Itemid=29

>

>Until this May ruling by the Appeals

>Court, the Department of Health and

>Human Services (DHHS) and its

>Department of Justice (DoJ) lawyers

>have hindered litigation seeking

>compensation for autism as a vaccine

>injury, by severely limiting the time

>permitted to file a claim. Previous

>interpretation of the law provided

>only 3 years from the onset of a first

>symptom to file a claim, thereby

>creating a strict, if not impossible,

>filing window for autism as a vaccine

>injury. Because autism often takes

>years to be medically diagnosed after

>a child first exhibits any of the

>symptoms used to diagnose it, this 3-

>year window effectively limited the

>number of cases filed and heard due to

>this issue of " timeliness " .

>

>On May 6, 2010, in the United

>States Court of Appeals for the

>Federal Circuit, in a case called

> " MELISSA CLOER, M.D., Petitioner-

>Appellant, v. SECRETARY OF HEALTH

>AND HUMAN SERVICES, Respondent-

>Appellee " (Cloer), Chief Judge

>Michel, writing for the majority,

>held:

> " This case presents the question of

> whether the Vaccine Act's statute

> of limitations, 42 U.S.C. § 300aa-

> 16(a)(2), begins running where a

> claimant experiences a symptom of

> injury, but where 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. We hold that the

> statute of limitations does not

> begin running in such cases. Thus,

> we reverse and remand " .

>

>Therefore, under Cloer, parents who

>claim their child's autism is

>vaccine related, for the first time

>are no longer barred from filing

>with the Vaccine Program just

>because the child's first symptom

>of what would eventually be

>diagnosed " autism " occurred more

>than three years before the

>diagnosis. According to this

>decision, the SOL begins running

>not from the child's first symptom,

>but rather from the first time the

>petitioner/parent " …has received

>medical information suggesting a

>connection " .

>

>Given Cloer, for injuries such as

>autism that are, as yet, neither

>defined in the NVICP's " Vaccine

>Injury Table " nor " recognized in

>the medical community at large " ,

>it would seem that:

>

> o May 6, 2010 would be the earliest

> date that the statute of

> limitations could start for any as

> of yet unheard petitions seeking

> compensation for vaccine-caused

> autism, including claims of autism

> caused by Thimerosal, or other

> similar " unrecognized " vaccine-

> related injury, and

>

> o Petitioners whose petitions have

> been dismissed, or otherwise

> denied, under the previous, now

> invalidated, government

> interpretation of the time-to-file

> limitation may have grounds to have

> their cases reinstated.

>

>Finally, petitioners asserting

> " autism " claims are eligible to

>file with the Vaccine Program by

>just filing a short form and paying

>a $250 filing fee. No attorney is

>necessary to file and it appears

>that those asserting " autism "

>claims who file a short form

>petition cannot be dismissed due to

>lack of timeliness solely based on

>the date of onset for the first

>symptom that ultimately led to a

>medical diagnosis of " autism " .

>

> ***********************************

>* The information provided in this*

>* email and any attachment thereto*

>* is just that - information. *

>* It is not legal advice and it *

>* does not require any specific *

>* action or actions. While this *

>* information is thought to be *

>* accurate, no representation is *

>* made as to the accuracy of the *

>* information posted other than it*

>* is our best understanding of the*

>* facts on the date that this *

>* email & any attachments thereto *

>* are posted. Everyone should *

>* verify the accuracy of the *

>* information provided for *

>* themselves before acting on it. *

>***********************************

>

____________________________________________________

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containing medicines.

Please read this PR carefully and share it with all

of those you know who MAY also have a vaccine-injury

claim for their vaccine-injured child or for themselves

under the Appeals Court's ruling.

Respectfully,

G. King, PhD

http://www.dr-king.com

CoMeD Science Advisor

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