{"package_id":"USCOURTS-cofc-1_05-vv-00757","decision_granule_id":"USCOURTS-cofc-1_05-vv-00757-cl6654522","petitioner_identifier":"Ryan Reed","is_minor":null,"age_at_vaccination":null,"age_unit_raw":null,"vaccine_type":null,"vaccination_date":null,"condition_raw":"autism and Pervasive Developmental Delay","condition_category":"ASD_autism","autism_spectrum_adjacent":1,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2005-12-30","extraction_version":"gemini-v2","extracted_at":"2026-04-30T14:30:39.451167+00:00","number_of_concurrent_vaccines":null,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Petitioner Lori Reed, on behalf of minor Ryan Reed, filed a petition alleging autism and pervasive developmental disorder resulting from childhood vaccinations. The petition was dismissed as untimely. The Special Master and the Court of Federal Claims determined that the \"manifestation of onset\" occurred in June 1998, upon diagnosis of autism and pervasive developmental disorder, triggering the three-year statute of limitations. The petition was filed on July 15, 2005, more than three years after the manifestation of onset, rendering it untimely. The court affirmed the Special Master's decision, finding that a diagnosis constitutes a manifestation of onset, and that equitable tolling is not applicable to Vaccine Act cases. The public decision does not detail the specific vaccines administered, the exact dates of vaccination, the specific symptoms observed prior to diagnosis, any specific medical tests other than the neuropsychological testing, or the specific treatments received. The public decision does not name the petitioner's counsel or the respondent's counsel. Special Master Edwards issued the dismissal, and Judge Bruggink authored the court's opinion affirming the dismissal. No award was made as the case was dismissed on statute of limitations grounds.","is_death":0,"date_of_death":null,"petition_filed_date":"2005-07-15","case_summary":"Ryan Reed, a minor, by and through his mother Lori Reed, filed a petition for compensation under the National Vaccine Injury Compensation Act. The petition alleged that Ryan suffered from autism and pervasive developmental disorder as a result of childhood vaccinations, including those for hepatitis B, oral polio, measles-mumps-rubella, and varicella. Ryan was born on July 20, 1994. In May 1998, he was referred for neuropsychological testing due to suspected atypical autism. Neurological testing in June 1998 indicated results in the \"mildly to moderately autistic range of abilities\" with delays across all areas except motor skills, leading to a diagnostic impression of pervasive developmental disorder. Lori Reed commenced a civil action in Texas state court on June 30, 2003, against vaccine manufacturers and administrators, which was removed to federal court and dismissed on July 30, 2004. While that action was pending, Ms. Reed filed a claim under the Vaccine Act on September 17, 2003, which was assigned to Special Master Hastings. The government moved to dismiss that claim as untimely, questioning the statute of limitations based on the alleged vaccine administration dates. Special Master Hastings denied the government's motion on January 13, 2005, stating that the available records did not demonstrate the petition was not timely filed because they did not indicate when the first symptom of the condition occurred. During a status conference on July 2, 2005, Ms. Reed disclosed that the district court action was still pending when she filed the first Vaccine Act claim, violating the Act's conditions. She voluntarily dismissed the first claim and filed a second claim on July 15, 2005, after the district court action was dismissed. This second claim was assigned to Special Master Edwards, who dismissed it as untimely on July 26, 2005. The petitioner sought review of Special Master Edwards' decision. The Court of Federal Claims reviewed the Special Master's decision under the \"not in accordance with law\" standard. The court affirmed the Special Master's dismissal, holding that the statute of limitations began to run in June 1998, upon diagnosis of autism and pervasive developmental disorder, and expired in June 2001. The petition was filed on July 15, 2005, which was beyond the three-year limitations period. The court rejected the petitioner's arguments that the dismissal was improper summary judgment, that collateral estoppel prevented re-addressing the statute of limitations, and that equitable tolling should apply. The court found that a diagnosis of autism constitutes a \"manifestation of onset\" for the purpose of the statute of limitations. The court also noted that equitable tolling is not applicable to Vaccine Act cases, citing Federal Circuit precedent. The court affirmed the Special Master's decision, directing the clerk to dismiss the petition without reaching the merits of causation or entitlement. The public decision does not describe the specific vaccines administered, the exact dates of vaccination, the specific symptoms observed prior to diagnosis, any specific medical tests other than the neuropsychological testing, or the specific treatments received. The public decision does not name the petitioner's counsel or the respondent's counsel.","is_minor_inferred":1,"is_pediatric_broad":1,"special_master":"George L. Hastings Jr.","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":null,"petitioner_attorney_firm":null,"petitioner_attorney_location":null,"adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":null,"firm_canonical_key":null,"package_title":"Reed v. Secretary of Health & Human Services","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_05-vv-00757","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_05-vv-00757.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_05-vv-00757.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_05-vv-00757-cl6654522","title":"Reed v. Secretary of Health & Human Services","docket_text":"lead-opinion","date_issued":"2005-12-30","pdf_url":"https://www.courtlistener.com/opinion/6771632/reed-v-secretary-of-health-human-services/","pdf_bytes":null,"triage_decision":"keep","triage_reason":"recovered via CL opinion 6654522 (html_with_citations)","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_05-vv-00757/USCOURTS-cofc-1_05-vv-00757-cl6654522"}]}