Vaccine Act Injury Claim Filed Too Late Despite Incapacity

The time period for bringing a federal vaccine injury claim isn’t suspended during a person’s incapacity if she has a legal guardian who could bring a claim on her behalf, a federal court said.

The National Vaccine Injury Compensation Act’s three-year statute of limitations consequently barred K.G.'s 2018 claim, even though she was mentally incapacitated from 2012 to 2016, the U.S. Court of Federal Claims said March 6.

The appointment of K.G.'s sister as her legal guardian removed any barrier to bringing the claim in a timely manner, the court said in what it called a “novel issue of statutory ...