Foreign visitor’s unborn child not a ‘person’ under Vaccine Act, Federal Circuit holds

A Bahamian woman’s visits to the United States while pregnant did not make her child eligible later for compensation under the National Vaccine Injury Compensation Act, a federal appeals court held Tuesday.

The U.S. Court of Appeals for the Federal Circuit said a fetus is not a “person” for purposes of the Vaccine Act’s limited extraterritorial provisions, under which a person who receives a vaccination abroad but “returns” to the U.S. within six months after receiving the vaccine is eligible for compensation.

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