Who Should Take Their Case Before the Vaccine Court?
Robert J. Krakow is an attorney in New York City and the father of a child on the autism spectrum. He's also representing more than 75 families who are plaintiffs in the ongoing Vaccine Court trials. I asked him for detailed information about how and whether additional families with children on the autism spectrum could take part in the proceedings.Who Can Take Part in the Vaccine Court?
The first thing parents have to know is the statute of limitations. This court has the shortest statute of limitations that exists in law: three years from "manifestation of onset of symptoms" (whether or not you knew whether your child might be affected).
Next, parents need evidence of a child's immune dysfunction. This would take the form of clear medical records.
If families fall into these categories, they may have a claim. It's important to act immediately: Contact a lawyer right away. Unfortunately, only a handful of lawyers handling these cases: Lawyers don't get paid until the case is over, and these cases go on for many years. Ultimately, they'll be paid from the vaccine court fund.
What If My Child's Vaccine Injury Occurred More Than Three Years Ago?
My understanding is that if you didn't file in time in the vaccine court, you can't file suit against vaccine makers in civil court. There are a few exceptions. You can sue the manufacturer of thimerosal because they're not the manufacturer of the actual vaccine [the manufacturer of thimerosal is the pharmaceutical company Eli Lilly]. The second exception: Certain mothers may have received Rhogam during their pregnancy (a shot that mothers received during pregnancy to help resolve an immune conflict). If so, up until 2002, Rhogam contained thimerosal, so children in utero could get exposed to thimerosal. So that's not a vaccine case.
Talk to a lawyer to find out whether you're eligible. And if you can't find a lawyer, you can represent yourself.
