J. v. Secretary of Health and Human Services
21-1342
| Fed. Cl. | Mar 30, 2022Background
- Petitioners (parents R.J. and A.J.) filed on May 7, 2021 for compensation under the Vaccine Injury Compensation Program on behalf of their son W.J., who received MMR on February 24, 2005.
- Petition alleges MMR caused or significantly aggravated chronic encephalopathy and multiple immune-related blood abnormalities, severe eczema, and autism-like symptoms; petitioners later discovered an Xq28 duplication in 2019.
- Medical records show first objective signs: speech delay diagnosed March 7, 2006; autism diagnosis January 5, 2007; intermittent abnormal blood counts during illness in 2006–2007; eczema/allergy treatment noted in 2012–2014; no treating physician ever diagnosed encephalopathy or immunodeficiency linked to vaccines.
- Respondent moved to dismiss for failure to file within the Vaccine Act’s 36‑month limitations period and argued petitioners did not establish equitable tolling or any discovery-rule basis to delay accrual.
- Special Master concluded petitioners failed to carry their burden: (1) petition was time‑barred under 42 U.S.C. § 300aa‑16(a)(2); (2) equitable tolling was not warranted because petitioners (as parents/legal representatives) were capable of timely filing and did not show extraordinary circumstances; and (3) discovery rule/fraud arguments did not overcome statutory limitations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness under §16(a)(2) | Statute should run from petitioners’ discovery of Xq28 (Mar 2019) or later events, so May 2021 filing is timely | Limitations begins at first objectively cognizable symptom/manifestation (speech delay 2006, autism 2007, or earlier labs), so petition is untimely | Claim dismissed as time‑barred; earliest cognizable symptoms occurred well before May 2018 |
| Equitable tolling for mental incapacity (K.G.) | W.J.’s congenital mental injury (autism/brain damage) warrants tolling as in K.G.; parents acted diligently once they learned of Xq28 | K.G. involved an incapacitated adult with no one able to act; here parents (legal representatives) were capable and had duty to file | Tolling denied: petitioners failed to show extraordinary circumstance preventing timely filing and did not meet K.G. standard |
| Discovery rule / fraudulent concealment | Statute should not run until petitioners discovered causal link (or until government concealed vaccine–autism link) | No discovery rule under Vaccine Act (Cloer); petitioners offer no proof of fraudulent concealment that impeded filing | Discovery/fraud theories rejected; accrual is objective and unrelated to petitioners’ awareness |
| Table claim and causation / diagnosis | MMR caused acute encephalopathy within the Table timeframe or significantly aggravated pre‑existing Xq28 damage | Medical records contain no diagnosis or contemporaneous evidence of encephalopathy or immunodeficiency; causation not established | Table and cause‑in‑fact/significant‑aggravation claims not supported by records and, in any event, are time‑barred |
Key Cases Cited
- K.G. v. Secretary of Health & Human Services, 951 F.3d 1374 (Fed. Cir. 2020) (equitable tolling for mental incapacity requires extraordinary circumstances and diligence)
- Cloer v. Secretary of Health & Human Services, 654 F.3d 1322 (Fed. Cir. 2011) (no discovery rule under the Vaccine Act; accrual tied to first symptom/manifestation)
- Carson v. Secretary of Health & Human Services, 727 F.3d 1365 (Fed. Cir. 2013) (statute begins at first objectively cognizable symptom)
- Markovich v. Secretary of Health & Human Services, 447 F.3d 1353 (Fed. Cir. 2007) (limitations may run before actual knowledge of a vaccine‑related injury)
- Paluck v. Secretary of Health & Human Services, 786 F.3d 1373 (Fed. Cir. 2015) (example of successful significant‑aggravation claim involving a mitochondrial disorder)
- Menominee Indian Tribe v. United States, 136 S. Ct. 750 (U.S. 2016) (equitable tolling principles requiring diligence and extraordinary circumstances)