Election

(a) In General. Within 90 days after the entry of judgment under Vaccine Rule 30, petitioner must file with the clerk an election as described in Vaccine Rule 12. (b) Exception. If an appeal is filed with the United States Court of Appeals for the Federal Circuit pursuant to Vaccine Rule 32, the 90-day period for filing an election will run not from the original date of judgment but from the date of the appellate court’s mandate or any subsequent judgment of the Court of Federal Claims on remand, whichever occurs later. (As revised and reissued May 1, 2002; as amended July 13, 2009.)