If a National Vaccine Injury Compensation Program claim is appealed, a judge of the U.S. Court of Federal Claims reviews the special master's decision. That judge's ruling can then be appealed to the U.S.
Court of Appeals for the Federal Circuit. The program is the federal system for petitions filed against the Secretary of Health and Human Services alleging vaccine-related injury. In its program overview, the Congressional Research Service says these petitions are decided by special masters within the Court of Federal Claims.
Table of Contents
- Who can appeal a special master's decision?
- What can the reviewing judge do?
- Can you appeal again after the judge rules?
- What if the claim involves a COVID-19 countermeasure?
Who can appeal a special master's decision?
Either side can appeal. The Congressional Research Service reports that the petitioner or the Secretary may seek review by a Court of Federal Claims judge. The request is made by filing a motion for review within 30 days of the special master's decision.
That short deadline applies whether the appeal challenges a denial or an award. A petitioner may appeal a denial of compensation. The Secretary may also appeal a decision that grants compensation.
What can the reviewing judge do?
The reviewing judge has three main options. Under the statute text published by Cornell Law School's Legal Information Institute in its vaccine statute page, the judge may affirm the decision, set aside findings found arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law and issue its own decision, or remand to the special master.
An affirmance leaves the special master's decision in place. A set-aside replaces the flawed findings with the judge's own decision. A remand sends the case back to the special master for further work.
Can you appeal again after the judge rules?
Yes, review does not stop with the Court of Federal Claims judge. The statute text published by Cornell Law School's Legal Information Institute provides that a final judgment in a vaccine case may be further appealed to the U.S. Court of Appeals for the Federal Circuit.
After judgment, the petitioner faces a separate choice. According to Cornell Law School's Legal Information Institute in its election provision text, the petitioner must file a written election within 90 days after judgment or the appellate mandate. The election decides between accepting the judgment and receiving program compensation versus filing a civil damages action.
What if the claim involves a COVID-19 countermeasure?
Claims for COVID-19 countermeasures fall under a different system. Federal countermeasures regulations published by Cornell Law School's Legal Information Institute give a requester only a one-step administrative right to seek reconsideration of eligibility and benefits determinations.
Court appeal is not available there. As stated in the regulation text in Cornell Law School's Legal Information Institute's review limits page, those determinations permit no additional judicial or administrative review. Confirm which program issued the denial before planning next steps, because court appeal is available in one system and not the other.