Sebelius v. Cloer (2012)
- Docket
- 12-236
- Decided
- 2012-01-01
Summary
Question: Can a person whose petition under the National Vaccine Injury Compensation Program is dismissed as untimely recover from the United States an award of attorneys' fees and costs? Conclusion: Yes. Justice Sonia Sotomayer delivered the opinion for the 9-0 majority. The Supreme Court held that the National Childhood Vaccine Injury Act made eligibility for attorney's fees contingent on the filing of a petition, rather than its ultimate success. According to the plain text of the Act, as long as the petition was filed in good faith and a reasonable basis, the petitioner is eligible for an award of attorney's fees. To limit the ability of good-faith petitioners to obtain assistance with attorney's fees would run counter to Congress' express goals in the fees provision of the Act.