Sarah Hebern v. HHS - other (2002)

On June 14, 2001, Sarah Hebern's parents filed a petition for vaccine compensation under the National Childhood Vaccine Injury Act of 1986 on her behalf. The public order does not identify the specific vaccine(s) administered, Sarah's age at the time of vaccination, or the alleged injury.

The petitioners acknowledged that their claim was filed outside the Vaccine Act's 36-month statute of limitations, which requires claims to be brought within 36 months after the first symptom of the alleged vaccine-caused injury. They argued that special circumstances justified equitable tolling of the filing deadline.

The special master rejected this argument on September 10, 2001, relying on the Federal Circuit's decision in Brice v. Sec’y of Health and Human Servs., which held that equitable tolling does not apply to Vaccine Act petitions.

Consequently, the special master dismissed the compensation claim as barred by the statute of limitations. The petitioners did not seek review of this dismissal.

Following the dismissal, the petitioners moved for an award of attorneys' fees and costs under 42 U.S.C. § 300aa-15(e). The special master denied this request on May 2, 2002, reasoning that because the court lacked jurisdiction over the untimely compensation petition, it also lacked jurisdiction to award fees and costs.

The special master relied on the Federal Circuit's decision in Martin v. Sec’y of Health and Human Servs.

Petitioners moved for review of the fee denial. On October 23, 2002, Judge Wiese affirmed the special master's decision.

Judge Wiese reasoned that, similar to the Martin case, the Vaccine Act's fee-shifting provision does not create an independent grant of jurisdiction when the underlying claim is outside the court's jurisdiction. Since Sarah Hebern's compensation petition was barred by the statute of limitations, the court had no jurisdiction over the petition and, therefore, no jurisdiction to award attorneys' fees.

The case was dismissed without an award of compensation or attorneys' fees.