The United States Supreme Court in Sebelius v. Cloer, No. 12-236 (U.S. May 20, 2013) has spoken.
Children await inoculation. 1944. Library of Congress.
In this case, plaintiff filed a petition to recovery for injuries due to vaccines under the National Childhood Vaccine Injury Act. However, a special master found the petition to be untimely and denied plaintiff’s request for $118,000 in attorney’s fees.
Fee denial reversed. 42 U.S.C. § 300aa-15(e)(1) provides that even an unsuccessful petitioner can recover discretionary fees if the unsuccessful petition was brought in good faith and with a reasonable basis. Even though petitioner did not prevail, the untimely nature of her petition was not a barrier to recovery of fees.
Link to SCOTUSblog opinion analysis.