Trial Attorney-Torts Branch-CONSTITUTIONAL & SPECIALIZED TORT LITIGATION/VACCINE

Civil Division (CIV)
Torts Branch-CONSTITUTIONAL & SPECIALIZED TORT LITIGATION/VACCINE
Attorney
175 N Street NE
Washington, DC 20005
United States
DE-11963732-23-CM
About the Office: 

The Torts Branch is responsible for the defense of the United States and its employees in tort litigation seeking monetary judgments for damages resulting from negligent or wrongful acts. The Branch a so prosecutes a significant number of affirmative tort claims to recover for damages to government property. Other responsibilities include participating in administrative claims procedures mandated by the Federal Tort Claims Act, and conducting preventive education programs for Federal employees. The Torts Branch is the principal guardian of the public fisc against new tort suits that seek billions of dollars in monetary damages each year.

As the federal agency whose mission is to ensure the fair and impartial administration of justice for all Americans, the Department of Justice is committed to fostering a diverse and inclusive work environment. To build and retain a workforce that reflects the diverse experiences and perspectives of the American people, we welcome applicants from the many communities, identities, races, ethnicities, backgrounds, abilities, religions, and cultures of the United States who share our commitment to public service.

Job Description: 

Trial attorneys in Office of Constitutional and Specialized Tort Litigation - Vaccine Litigation Staff - represent the interests of the Secretary of the Department of Health and Human Services in all cases filed in the U.S. Court of Federal Claims under the National Childhood Vaccine Injury Act ("Vaccine Act"). The cases involve claims of injury as a result of the receipt of vaccines covered by the Act. The office is currently expanding to address workload created by an increase in cases filed under the Vaccine Act.

The position is a unique trial practice in support of public health, science, and medicine. The legal and medical issues at stake in each case vary. Trial attorneys independently manage heavy caseloads, and while streamlined procedures are utilized, many cases involve complex scientific issues of causation that require expert witnesses in medical fields such as pediatrics, neurology, immunology, and epidemiology. In cases in which petitioners are found entitled to compensation, the litigation occasionally requires use of damages experts to develop an appropriate life care plan for the injured party, including medical treatment and related care needs, and the determination of other compensable damages, such as lost earnings and pain and suffering, often awarded through a structured settlement.

Attorneys with limited experience will focus primarily on litigating cases in a "claims" type posture, typically involving less complicated issues of science and medicine, limited damages, and fewer court appearances, with the possibility of transitioning to handling more complex cases in litigation over time.

Attorneys appear frequently before the Office of Special Masters in the U.S. Court of Federal Claims, and also appear before the judges of the Court of Federal Claims, the U.S. Court of Appeals for the Federal Circuit when handling appeals. Responsibilities include factual and legal research, medical record review, brief writing, and working with expert witnesses to develop the defense of claims, as well as to address the life care needs of vaccine-injured petitioners in some cases. The majority of cases are resolved informally, and thus attorneys engage regularly in settlement and damages negotiations, including alternative dispute resolution, and drafting settlement memoranda.

Qualifications: 

Applicants must be a graduate from a full course of study in a School of Law accredited by the American Bar Association and be a member in good standing of the bar of a state, territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

Applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction), have at least one year of post J.D. experience to qualify at the GS-12 level; have at least two years of post J.D. experience to qualify at the GS-13 level; or have at least three years of post J.D. experience to qualify at the GS-14 level. Beyond the minimum years of post J.D. experience, other factors are taken into consideration as well such as, litigation experience, relevance of experience to our practice area, etc. You must also be a U.S. citizen.

Salary: 
$94,199.00 to $172,075.00 Per Year for GS-12 through GS-14; promotion potential to GS-15.
Travel: 
Occasional Travel-You may be expected to travel for this position.
Application Process: 

To apply for this position, you must provide a complete Application Package, including the required documents indicated below. The Application Package must be received by 11:59 pm, Eastern Standard Time, on the listed closing date of this announcement. 

A complete application package must include:
1. Cover Letter (highlighting relevant experience).
2. Résumé - (listing month and year of relevant experience) Applicants are encouraged to ensure work experiences clearly show the possession of knowledge of the subject matter pertinent to the position and the technical skills to successfully perform the duties of the position.
3. Writing Sample (not more than 15 pages in length).
4. If you are claiming veterans preference, you must also submit your DD-214 (Member-4 Copy), and/or other documentation that you may have.


Applicants are encouraged to submit their materials by email to: CSTL-Vaccine.Vacancies@usdoj.gov .Applicants may also send their materials by commercial courier service, (FedEx or UPS) to:
U.S. Department of Justice
Civil Division, Torts Branch
CSTL/Vaccine Litigation
3CON, Room 8.1302
Washington, D.C. 20005
ATTN: Alexis Babcock, Assistant Director

Applications submitted by mail must be postmarked by 11:59 pm Eastern Standard Time on the listed closing date of this announcement. 

No telephone calls, please.

 

Applicants should familiarize themselves and comply with the relevant rules of professional conduct regarding any possible conflicts of interest in connection with their applications. In particular, please notify this Office if you currently represent clients or adjudicate matters in which this Office is involved and/or you have a family member who is representing clients or adjudicating matters in which this Office is involved so that we can evaluate any potential conflict of interest or disqualification issue that may need to be addressed under those circumstances.

Application Deadline: 
Friday, June 30, 2023
Relocation Expenses: 
Relocation expenses are not authorized for this position.
Number of Positions: 
8
Updated May 11, 2023

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Department Policies

Equal Employment Opportunity:  The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer.  Except where otherwise provided by law, there will be no discrimination because of race, color, religion, national origin, sex - including gender identity, sexual orientation, or pregnancy status - or because of age (over 40), physical or mental disability, protected genetic information, parental status, marital status, political affiliation, or any other non-merit based factor.  The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice. For more information, please review our full EEO Statement.

Reasonable Accommodations:  This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency.  Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

Outreach and Recruitment for Qualified Applicants with Disabilities:  The Department encourages qualified applicants with disabilities, including individuals with targeted/severe disabilities to apply in response to posted vacancy announcements.  Qualified applicants with targeted/severe disabilities may be eligible for direct hire, non-competitive appointment under Schedule A (5 C.F.R. § 213.3102(u)) hiring authority.  Individuals with disabilities are encouraged to contact one of the Department’s Disability Points of Contact (DPOC) to express an interest in being considered for a position. See list of DPOCs.   

Suitability and Citizenship:  It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment.  Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Congress generally prohibits agencies from employing non-citizens within the United States, except for a few narrow exceptions as set forth in the annual Appropriations Act (see, https://www.usajobs.gov/Help/working-in-government/non-citizens/). Pursuant to DOJ component policies, only U.S. citizens are eligible for employment with the Executive Office for Immigration Review, U.S. Trustee’s Offices, and the Federal Bureau of Investigation. Unless otherwise indicated in a particular job advertisement, qualifying non-U.S. citizens meeting immigration and appropriations law criteria may apply for employment with other DOJ organizations. However, please be advised that the appointment of non-U.S. citizens is extremely rare; such appointments would be possible only if necessary to accomplish the Department's mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis. All DOJ employees are subject to a residency requirement. Candidates must have lived in the United States for at least three of the past five years. The three-year period is cumulative, not necessarily consecutive. Federal or military employees, or dependents of federal or military employees serving overseas, are excepted from this requirement. This is a Department security requirement which is waived only for extreme circumstances and handled on a case-by-case basis.

Veterans:  There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service- connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that their retirement was due to a permanent service-connected disability or that they were transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).

USAO Residency Requirement:  Assistant United States Attorneys must reside in the district to which appointed or within 25 miles thereof.  See 28 U.S.C. 545 for district specific information.

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This and other vacancy announcements can be found under Attorney Vacancies and Volunteer Legal Internships. The Department of Justice cannot control further dissemination and/or posting of information contained in this vacancy announcement. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information.