The National Childhood Vaccine Injury Act of 1986 (42 U.S.C. §§ 300aa-10 - 300aa-34 (2006)) vests jurisdiction in the Court of Federal Claims to decide vaccine injury cases. The Court's judges appoint special masters for four-year terms, subject to reappointment for additional four-year terms.
Special masters should have experience managing large caseloads, managing legal and administrative staff, writing opinions or substantive legal memoranda and briefs, and conducting or actively participating in courtroom proceedings. Significant experience as a judicial law clerk, trial attorney, administrative law judge, or in a similar role is critical. The position requires maturity, facility with the principles of litigation and alternative dispute resolution, demeanor appropriate to the position, and experience working with complex factual issues involving expert testimony and terminology, preferably in the field of medicine, immunology, or biology. The successful candidate must be a self-starter as well as detail oriented. The candidate must be highly organized and tactful, possess good judgment, poise and initiative, and maintain a professional appearance and demeanor at all times. Must have strong prioritizing and problem-solving skills. Must have solid communication skills (written & oral) to communicate effectively with persons within the court of various levels of technology expertise front line staff to chambers, as well as with persons outside the court. A demonstrated ability to work harmoniously with others in a team environment and to exhibit a professional manner is a must. To qualify for the position, an applicant: Must be a United States citizen and member in good standing of the bar of the highest court of a state, territory, or the District of Columbia for a minimum of five years. Must have at least seven years of experience in the active practice of law or other suitable legal experience such as: Judge of a state court of record, judge of a federal agency board, administrative law judge, or hearing officer; Attorney for a federal or state agency; Private law firm senior associate, counsel, or partner, who has served in a first- or second-chair role in a trial; Law clerk to a judge or judicial officer; or Professor of law. Must have demonstrated professional competence, including an ability to deal with complicated legal problems, an aptitude for legal scholarship and writing, and the high professional regard of other lawyers. Must have demonstrated familiarity with the federal court system, such as, for example, recent litigation in federal court. Knowledge of the Rules of the Court of Federal Claims in general, and of its "Vaccine Rules" in particular, is also desirable. Medical-related knowledge and experience preferred.
The special masters function as the trial judges in these often medically complex vaccine cases. They oversee all aspects of record development, conduct evidentiary hearings, resolve factual and legal disputes, and issue final decisions on entitlement to compensation, damages, and attorney's fees and costs. Special masters rule on motions and evidentiary issues, and they supervise alternative dispute resolution processes. A special master's final decision is subject to appeal to the Court of Federal Claims, the U.S. Court of Appeals for the Federal Circuit, and, ultimately, to the Supreme Court of the United States.