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Litigation Medical Malpractice

Vaccine Injuries and the Statute of Limitations

It is imperative for all attorneys to understand that there is an available recourse for those injured by certain vaccines. Attorneys also need to make themselves aware of the applicable statute of limitations for these causes of action because assumptions about a "discovery rule" or minor's tolling statute can expose a lawyer to a legal malpractice suit.

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When we are asked to lecture on vaccine injuries and vaccine injury cases, we always begin with two questions. First, we ask, “Has everyone had their vaccinations?” If not, we tell them that they should. Second, we ask (whether lawyers, doctors or anyone else), “If you or someone you knew was injured from a vaccine, where would you go to seek compensation?” The answer to the second question is almost universally, “I don’t know.”

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