Like other types of legal actions, vaccine injury claims must be brought within a certain amount of time. The time limit is usually set by a statute—hence the familiar phrase “statute of limitations.” The statute of limitations for vaccine cases can be found at 42 USC § 300aa-16. When a vaccine causes injury, a claim must be brought within 3 years of the first symptom. If a vaccine causes death, the claim must be brought within 2 years of the date of death and in any event no longer than 4 years from the date of the first symptom of the process that led to the death.
But when the vaccine injury table is changed to make it more likely a person can recover for a vaccine injury, the statute of limitations is extended. And the National Vaccine Injury Program made changes to the table earlier this year that makes recovery more likely for certain injuries, thereby extending the statute of limitations on pursuing a claim for those injuries.
These changes primarily concern SIRVA (shoulder injury related to vaccine administration) and Guillain-Barre Syndrome (GBS). SIRVA was added as a table injury for all covered vaccines, and GBS was added as a table injury for the seasonal flu vaccine. Thus, the statute of limitations in these cases was extended forward for 2 years to March 2019, and it applies retroactively all the way back to March 2009.
This means that if you experienced GBS as a result of the flu vaccine, or SIRVA from any vaccine, from March 2009 forward, you may still have time to bring a claim and compensation. Please call our experienced vaccine team so we can evaluate your claim and entitlement to a cash award.