“The National Childhood Vaccine Injury Act of 1986 (NCVIA or Act), 100 Stat. 3756, 42 U.S.C. § 300aa–1 et seq., provides that a court may award attorney’s fees and costs ‘incurred [by a claimant] in any proceeding on’ an unsuccessful vaccine-injury ‘petition filed under section 300aa–11,’ if that petition ‘was brought in good faith and there was a reasonable basis for the claim for which the petition was brought.’ § 300aa–15(e)(1). The Act’s limitations provision states that ‘no petition may be filed for compensation’ more than 36 months after the claimant’s initial symptoms occur. § 300aa–16(a)(2). The question before us is whether an untimely petition can garner an award of attorney’s fees.”
“We hold that an NCVIA petition found to be untimely 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.”
