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New Vaccine Rules Now In Effect

The recently amended Rules of the Court of Federal Claims became effective on July 15, 2011. Of interest to practitioners in the Vaccine Program are the amendments to Rules 2, 16, and 17 of the Vaccine Rules, and the new Supplement to Appendix B, which is now a binding part of the Vaccine Rules.

1) Most importantly, those new rules make it mandatory that all attorneys file all documents in Vaccine Act cases, subsequent to the petition itself, by electronic means. See Vaccine Rule 17(b)(3). Thus, all newly filed Vaccine Act cases will be designated ECF cases, except for cases involving pro se petitioners. See Supplement to Appendix B, II.3.(a). At the same time, it should be noted that vaccine petitions must continue to be filed in paper form. Apart from the petition itself, no medical records or other documents may be filed in paper form. See Supplement to Appendix B, IV.8(1)(i). Once a petition is filed by an attorney, the court will automatically designate the case as an electronic one, and then the attachments and exhibits that go with the petition must be filed electronically.

2) Petitions may now be filed using initials instead of a minor’s name in the case caption. See Vaccine Rule 16(b).

3) A copy of the recently amended Vaccine Rules (including the Supplement to Appendix B addressing electronic case filing procedure in Vaccine Act cases) is now posted under the vaccine link on the court’s website. (The former Vaccine General Order 13 is now superseded.)

Please click here for a copy of the recently amended rules.