USA Supreme Court refused to hear a case that could have significantly changed vaccine injury lawsuits throughout America.

In the case of WJ v. Secretary of Health and Human Servicesparents wanted to sue after their son suffered a vaccine injury. However, under the Vaccine Injury Act, all lawsuits must be filed within 36 months.

The anonymous parents argued that the toll provision, which would extend the statute of limitations, should apply in their case. That would give them six years to file a lawsuit.

If the Supreme Court had heard the case and ruled in favor of parents’ ability to sue, it could have allowed other Americans more time to sue for vaccine injuries.

The case

This case centered on “WJ,” represented by his parents, RJ and AJ.

WJ received the measles, mumps, and rubella (MMR) vaccine when he was about 1 year old. A year later, WJ was diagnosed with a speech delay. Another year had passed and WJ now had a autism diagnosis.

WJ also ended up experiencing immune-related blood disorders, which led to him being hospitalized, before doctors told his parents he had a chromosome condition called Xq28 duplication.

While the parents ended up trying to seek compensation under the Vaccines Act and through the National Vaccine Injury Compensation Scheme, they were told it was too late due to the statute of limitations.

“The Federal Circuit Panel’s Decision in this matter, if upheld, will unfairly affect some of the least powerful and most vulnerable among us: those with legal disabilities,” the petitioners wrote in a document. “The Panel’s Decision is not only clearly flawed, but also fundamentally unfair.”

The Federal Circuit agreed with Health and Human Services that the tolling provision did not apply in this case.

“Of course, we are disappointed by the SCOTUS decision,” said a representative for the plaintiffs. news week. “We cite a law that clearly states that the statute of limitations for all petitions to the U.S. Court of Federal Claims by people with legal disabilities is suspended until six years after their disability ceases. Apparently this now applies to everyone except vaccine injury petitioners. That fair and equitable justice for all?”

news week Health and Human Services was contacted for comment via email.

Greater concerns about vaccines

The issue of compensation for vaccine injuries has received increased scrutiny since the pandemic.

While the approved COVID-19 vaccines are expected to have saved nearly 20 million lives, the public, especially among some conservatives, continues to discuss rare side effects and concerns about their rapid approval.

During a conversation with the podcast host Joe Roganvice president-elect J.D. Vance said he knows a senator with “severe” effects from the COVID-19 vaccine that impact him to this day.

“I have a Senate colleague who doesn’t want to talk about it but is worried that it has permanently affected his sense of balance, dizziness and vertigo, and it happens,” Vance said.

During the conversation, Rogan said that many feel reluctant to talk about its side effects for fear of being labeled anti-vaxxers.

“You’re not allowed to question it,” Rogan said. “You’re not allowed to talk about it. People know people who have been hurt by vaccines, especially people on the left. They are very reluctant to talk about it… They are afraid of being labeled anti-vaxxers.”

The most common side effects of the COVID-19 vaccine include pain and swelling at the injection site, with others reporting fatigue, headache, and muscle pain.

In rare cases, patients may experience serious adverse reactions. According to the report, anaphylaxis, a severe allergic reaction that can cause breathing problems, has been reported, along with some other serious conditions. Centers for Disease Control and Prevention.

Guillain-Barré syndrome is a side effect that occurs when the immune system attacks healthy nerve cells, causing muscle weakness and paralysis in some cases.

Other rare side effects include myocarditis and pericarditis, which is a condition in which the heart muscle or surrounding tissue becomes inflamed.

Thrombocytopenia thrombosis syndrome has also been linked to the COVID-19 vaccine. In these cases, patients experienced blood clots or increased blood clotting.

“Acute and serious side effects are rare and are usually accompanied by known allergies to vaccine components,” said Joshua LaBaer, ​​professor and executive director of the Biodesign Institute at Arizona State University. News week.

“Like everything in medicine, it all comes down to a careful risk/benefit analysis. In the case of vaccination, there is strong data to support that the benefits outweigh the risks.”