March 9, 2020 / 12:42 PM / 23 days ago

Vaccine Act deadline can be tolled by mental incapacity – Federal Circuit

The National Vaccine Injury Compensation Act’s three-year statute of limitations is subject to equitable tolling for mental incapacity, a federal appeals court held Friday in a case of first impression.

The U.S. Court of Appeals for the Federal Circuit rejected the government’s claim that mental incapacity can never toll the Vaccine Act’s statute of limitations. Judges on the Court of Federal Claims, which reviews cases brought under the act, had split on the question.

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