The United States Supreme Court was scheduled on March 20, 2015 to decide whether or not to review a vaccine injury case that was originally won in vaccine court and then overturned on appeal.
The case before the Supreme Court is an appeal made by the parents of a vaccine injured 10 year old, Ilya Dobrydnev, back in 2004. Ilya was injured by the Hepatitis B vaccine that he received in 2001, which left him with severe memory loss among other injuries and disabilities.
In 2013, the National Vaccine Injury Compensation Program (“vaccine court”) awarded Ilya $1,000,000 plus annual future payments to cover the cost of his care. A year later, the Department of Justice (the defendants in the underlying case) appealed the vaccine court’s decision and won, thereby overturning the decision and award to Ilya.
Now, Ilya’s parents have appealed that decision to the U.S. Supreme Court to review the Appellate Division’s decision that overturned the original award. They ask the Supreme Court to consider whether the standard in vaccine court should be less difficult to meet as a plaintiff and more in line with the program’s no-fault scheme, which was the original structure of the vaccine court.