United States Federal Circuit
Carson v. Secretary of Health and Human Services, 10-5089
The dismissal of a petition for compensation on behalf of petitioners' son under the National Childhood Vaccine Injury Act (Vaccine Act) is affirmed, where: 1) it is the first symptom or manifestation of an alleged vaccine injury, not the first date when diagnosis would be possible, that triggers the statute of limitations; 2) it was not arbitrary and capricious for the Chief Special Master to find that the severe speech delay observed on May 25, 1999, was the first objectively recognizable symptom of autism, the alleged vaccine injury, which was more than 36 months before petitioners filed their claim; and thus, 3) the Chief Special Master properly dismissed the petition as untimely.
Appellate Information
- Decided 08/28/2013
- Published 08/28/2013
Judges
- WALLACH
Court
- United States Federal Circuit