Unable to Sue Big Pharma, Vaccine Injury Victims Now Being Denied Legal Counsel in Vaccine Court
Since this appellate ruling, a few attorneys have now altered their practice and screening of clients by not taking any new clients if the petitions are within 4 to 6 months of the statute of limitations. They cannot take the risk of losing their costs, which can be several thousand dollars associated with verifying medical records and filing a petition.
And after the CAFC ruling in Simmons v HHS, there have been a few other attorney fee applications denied only after filing their petition, obtaining medical records, a thorough examination of those records, discussions with medical experts associated with the case and to have the special masters, after all this has been done, rule that the petitioner has no reasonable basis to continue.
The attorneys will file motions to leave as counsel and motions for fees and costs up to the point of the special master determination. Yet the special masters deny the fees and costs, and all the work the attorneys have done representing their client and costs incurred are not compensable.
This is the current state we are facing within the NVICP. This shuts the door to compensation for all petitioners, especially if you are a child, unless you have an adult petitioner with a slam dunk case of GBS or SIRVA. Attorneys are now screening new clients very aggressively. And we are denied our opportunity to seek legal representation.