Fees for late vaccine claims
Sebelius v. Cloer
In brief
The Supreme Court upheld the ruling: a late vaccine-injury petition may still qualify for attorney’s fees if it was filed in good faith and had a reasonable basis.
- Where it stands
- Decided
Decided 9-0 · May 20, 2013 · Opinion by Justice Sotomayor
- What it’s about
- The Supreme Court agreed with the Federal Circuit that Melissa Cloer could qualify for attorney’s fees on her late vaccine-injury petition if she filed it in good faith and had a reasonable basis for the claim.
- Who it affects
- A late filing does not by itself prevent people seeking compensation through the vaccine program from qualifying for attorney’s fees.
Summary: written with AI from the case record.
What it's about
The case arose under a federal program for people seeking compensation for claimed vaccine-related injuries.
Question presented
Can a person whose petition under the National Vaccine Injury Compensation Program is dismissed as untimely recover from the United States an award of attorneys' fees and costs?
What the Court decided
Holding
An untimely NCVIA petition may qualify for an award of attorney’s fees if it is filed in good faith and there is a reasonable basis for its claim. 675 F. 3d 1358, affirmed.
- Result
- Affirmed
The vote
What's next
The Federal Circuit’s decision remains in place. Courts considering fee requests for late-filed petitions must apply the good-faith and reasonable-basis test.
Documents
Opinions
Audio
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
Show 5 moreShow fewer
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Audio Recording added: Oral Arguments - Sebelius
Opinion added: Sebelius
More questions
- Is a late petition automatically eligible for attorney’s fees?
- No. It may qualify only if it was filed in good faith and had a reasonable basis.
- What possible injury connection did Cloer raise?
- Her petition involved a possible connection between a vaccine and multiple sclerosis.
- What law established the vaccine compensation program?
- The National Childhood Vaccine Injury Act established the National Vaccine Injury Compensation Program.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.