{"package_id":"USCOURTS-cofc-1_05-vv-00911","decision_granule_id":"USCOURTS-cofc-1_05-vv-00911-cl6654607","petitioner_identifier":"Christopher George Wiley, III","is_minor":null,"age_at_vaccination":null,"age_unit_raw":null,"vaccine_type":"UNK. DTP","vaccination_date":"1974-03-01","condition_raw":"injury from vaccinations","condition_category":"other","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2006-02-13","extraction_version":"gemini-v2","extracted_at":"2026-04-30T14:30:43.050099+00:00","number_of_concurrent_vaccines":2,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Pre-Act DTP and Oral Polio vaccines (1971-1974). Injury unspecified. Filed Aug 19, 2005 — 14+ years after Feb 1, 1991 statutory deadline. Prior case 99-0646V dismissed (same claims); Federal Circuit affirmed 2000. SM Edwards Sep 13, 2005: DISMISSED (§ 300aa-16(a) statute of repose; res judicata). CFC Judge Horn Feb 13, 2006: AFFIRMED. Equitable tolling unavailable (Brice, Weddel, Lombardo). Even if available, not warranted (failed to file 1988-1990; 10+ years post-release inaction). Future filings from Wiley barred. DB had decision_date = 2005-09-13 (SM dismissal); corrected to 2006-02-13 (CFC opinion). DB petition_filed_date 2005-02-13 was wrong; corrected to 2005-08-19.","is_death":0,"date_of_death":null,"petition_filed_date":"2005-08-19","case_summary":"Christopher George Wiley III, who was institutionalized at the Eastern Louisiana Mental Health System on the Jackson Campus and proceeded pro se throughout the litigation, filed a petition on August 19, 2005, alleging that DTP and oral polio vaccinations he received between 1971 and 1974 had caused him injury. He described having received the vaccine \"in my heart.\" These were pre-Act vaccinations — vaccinations administered before October 1, 1988, the effective date of the National Childhood Vaccine Injury Act — and the statute required that any petition based on pre-Act vaccinations be filed by February 1, 1991. Mr. Wiley's August 2005 petition was filed more than fourteen years after that deadline.\n\nThis was not Mr. Wiley's first attempt to seek compensation for these same vaccines and injuries. He had previously filed a petition under docket number 99-0646V, which Chief Special Master Golkiewicz dismissed; that dismissal was affirmed by the Federal Circuit in 2000. Mr. Wiley's 2005 petition asserted the same claims.\n\nSpecial Master Edwards dismissed the petition on September 13, 2005. The special master found that the petition was time-barred under 42 U.S.C. § 300aa-16(a), which functions as a statute of repose rather than a standard statute of limitations, and that the case was also barred by res judicata given the final judgment in 99-0646V.\n\nMr. Wiley argued on review that equitable tolling should apply because he had been incarcerated from 1990 to 1994 and because he suffered from mental illness. Judge Horn, writing for the Court of Federal Claims on February 13, 2006, rejected these arguments and denied the motion for review. The court held that § 300aa-16(a) is a statute of repose, not subject to equitable tolling, relying on Brice v. HHS, 240 F.3d 1367 (Fed. Cir. 2001), Weddel v. HHS, and Lombardo v. HHS. Even setting aside the legal unavailability of tolling, the court found the equitable case unavailing: Mr. Wiley had not filed a petition during the two-year window between October 1988 and October 1990 — before the incarceration he claimed began — and had waited more than ten years after his alleged release before filing the 2005 petition.\n\nThe court also affirmed the res judicata ground: the 1999 case had been dismissed on the merits, the Federal Circuit had affirmed that dismissal, and the 2005 petition raised the same claims. Finally, the court issued an injunctive order barring Mr. Wiley from filing any further petitions in the Vaccine Program without prior court approval.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Gary J. Golkiewicz","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":"Wiley v. United States","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_05-vv-00911","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_05-vv-00911.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_05-vv-00911.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_05-vv-00911-cl6654607","title":"Wiley v. United States","docket_text":"lead-opinion","date_issued":"2006-02-13","pdf_url":"https://www.courtlistener.com/opinion/6771714/wiley-v-united-states/","pdf_bytes":null,"triage_decision":"keep","triage_reason":"recovered via CL opinion 6654607 (html_with_citations)","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_05-vv-00911/USCOURTS-cofc-1_05-vv-00911-cl6654607"}]}