Andrew Hokkanen v. HHS - autism spectrum disorder (2010)

Petitioners Tim and Nancy Hokkanen filed a claim on July 23, 2003, on behalf of their minor child, Andrew, alleging that he developed autism spectrum disorder as a result of one or more childhood vaccinations. The respondent moved to dismiss the petition as untimely, asserting it was filed after the three-year limitations period.

Chief Special Master Lord concluded that Andrew's documented speech delay at 15 months old, in July 1999, was the first symptom or manifestation of onset, triggering the statute of limitations. Based on this determination, the Chief Special Master found the petition, filed in July 2003, to be one year out of time and dismissed the case.

The petitioners sought review of this dismissal. While the court's review was pending, the Federal Circuit issued its decision in Cloer v.

Secretary of Health and Human Services, which established that for non-Table injuries, the limitations period generally commences only when the medical community at large recognizes a link between the vaccine and the injury, or when a petitioner receives medical information suggesting such a link. The Chief Special Master's decision in this case did not consider evidence or make findings regarding the medical community's recognition of a link between vaccines and autism, a factor now deemed pivotal by the Cloer decision.

Consequently, the court determined that remand to the Chief Special Master was necessary for further development of the evidentiary record and fact-finding concerning this new inquiry. However, the court stayed all proceedings pending the final appellate action in Cloer, as a rehearing en banc had been sought, to avoid a potential waste of judicial resources if Cloer's holding were overturned.

Ultimately, the petition was dismissed as untimely.