Federal Appeals Court Refuses to Reinstate Petition for Compensation Under Vaccine Act

WASHINGTON, D.C. — A federal appeals court has refused to overturn a trial court’s ruling denying a plaintiff relief from a judgment dismissing her petition for compensation under the Vaccine Act, ruling that her attorney’s failure to conduct legal research concerning the Act’s preemption of civil claims does not constitute excusable neglect warranting reinstatement of the petition.

In a Dec. 16 opinion, the Federal Circuit U.S. Court of Appeals said the nature of the attorney negligence at issue in the instant case differs from the negligence in cases where Rule 60(b)(6) relief has been granted because the attorney’s actions were …