No. 24-240

W. J., By His Parents and Legal Guardians, R. J. and A. J. v. Xavier Becerra, Secretary of Health and Human Services

Lower Court: Federal Circuit
Docketed: 2024-09-03
Status: Denied
Type: Paid
Response Waived
Tags: federal-claims-court jurisdictional-statute legal-disability statute-of-limitations tolling-provision vaccine-injury-compensation
Key Terms:
SocialSecurity
Latest Conference: 2024-11-01
Question Presented (AI Summary)

Whether the three-year tolling provision of 28 U.S.C. § 2501 applies to legally disabled petitioners who bring claims before the United States Court of Federal Claims under the National Vaccine Injury Compensation Program

Question Presented (OCR Extract)

QUESTION PRESENTED 28 U.S.C. § 2501, which is explicitly jurisdictional in that it applies to “[e]very claim of which the United States Court of Federal Claims has jurisdiction,” provides that “[a] petition on the claim of a person under legal disability or beyond the seas at the time the claim accrues may be filed within three years after the disability ceases.” The question presented is... Whether the three-year tolling provision of 28 U.S.C. § 2501 applies to legally disabled petitioners who bring claims before the United States Court of Federal Claims under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.

Docket Entries

2024-11-04
Petition DENIED.
2024-10-09
DISTRIBUTED for Conference of 11/1/2024.
2024-10-03
Waiver of right of respondent Becerra, Xavier to respond filed.
2024-07-03

Attorneys

Becerra, Xavier
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
R. J.
R. J. — Petitioner
R. J. — Petitioner