{"package_id":"USCOURTS-cofc-1_12-vv-00354","decision_granule_id":"USCOURTS-cofc-1_12-vv-00354-cl1039611","petitioner_identifier":"Dorota Von Maack","is_minor":null,"age_at_vaccination":null,"age_unit_raw":null,"vaccine_type":"influenza","vaccination_date":"2008-10-22","condition_raw":"hearing loss in her left ear; destruction of stapes implants; bronchiectasis; chronic obstructive pulmonary disease (COPD); idiopathic ulcerative colitis","condition_category":"other","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2013-08-06","extraction_version":"gemini-v2","extracted_at":"2026-04-30T14:31:09.249420+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":180,"theory_of_causation":"Flu Oct 22, 2008 → hearing loss left ear (stapes implant displaced, May 2009); GI problems; respiratory problems. Pro se. DISMISSED untimely § 300aa-16(a)(2): onset May 2009, deadline May 2012, petition filed Jun 4, 2012 (one month late). Equitable tolling denied. SM Zane. PUBLISHED Aug 6, 2013. All DB fields correct.","is_death":0,"date_of_death":null,"petition_filed_date":"2012-06-04","case_summary":"Dorota Von Maack, proceeding pro se, filed a petition on June 4, 2012, alleging that an influenza vaccination she received on October 22, 2008 caused her to suffer hearing loss in her left ear (displaced stapes implant), as well as gastrointestinal and respiratory problems. Petitioner's primary contention was that the vaccine displaced her stapes implant, causing maximum hearing loss in her left ear, which was confirmed by medical examination in May 2009. Petitioner had a history of otosclerosis and had undergone a stapedectomy in her left ear in 2003.\n\nRespondent moved to dismiss the petition as untimely under 42 U.S.C. § 300aa-16(a)(2), which requires a petition to be filed within 36 months of the first symptom or manifestation of onset of the vaccine-related injury. Special Master Zane found that the hearing loss symptoms became apparent by May 2009 at the latest, establishing a deadline of May 2012 for filing. Petitioner's petition, filed June 4, 2012, was filed more than 36 months after the onset of her symptoms.\n\nPetitioner argued that her claim was timely because she had contacted GlaxoSmithKline, the vaccine manufacturer, in January 2012, within 32 months of the onset. Special Master Zane rejected this argument, finding that the Vaccine Act requires filing in the United States Court of Federal Claims, not contact with the manufacturer. Special Master Zane also denied equitable tolling, finding that petitioner had not exercised due diligence and that no extraordinary circumstances existed. The case was dismissed. The decision was published on August 6, 2013.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Daria J. Zane","petitioner_identifier_original":null,"caption_petitioner_name":"Dorota Von Maack","petitioner_attorney_name":null,"petitioner_attorney_firm":null,"petitioner_attorney_location":null,"adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:46:22","attorney_canonical_keys":null,"firm_canonical_key":null,"package_title":"Dorota Von Maack v. Secretary of Health and Human Services","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00354","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00354.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00354.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_12-vv-00354-cl1039611","title":"Dorota Von Maack v. Secretary of Health and Human Services","docket_text":"combined-opinion","date_issued":"2013-08-06","pdf_url":"https://www.courtlistener.com/opinion/1039611/dorota-von-maack-v-secretary-of-health-and-human-s/","pdf_bytes":null,"triage_decision":"keep","triage_reason":"recovered via CL opinion 1039611 (plain_text)","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_12-vv-00354/USCOURTS-cofc-1_12-vv-00354-cl1039611"}]}