Joel Gonzalez, Jr. v. HHS - Pneumococcal, fever and staring episode; seizure disorder (2014)
Case summary [AI summaries can sometimes make mistakes]
Maria and Joel Gonzalez, as legal representatives of their minor son, Joel Gonzalez, Jr., filed a petition for vaccine injury compensation on March 10, 2014. They alleged that six hours after receiving pneumococcal conjugate and rotavirus vaccines on June 28, 2010, Joel Jr. suffered a fever, a staring episode, and developed a seizure disorder.
The petition was dismissed by Chief Special Master Denise Kathryn Vowell on April 28, 2014, because it was filed after the statute of limitations had expired. The first symptoms of Joel Jr.'s seizure disorder occurred on June 28, 2010, which meant the petition should have been filed by June 28, 2013.
The petition was received and filed by the clerk on July 1, 2013. The Special Master found no basis for equitable tolling, as the petitioners did not present arguments for fraud or duress, and unawareness of a causal link does not justify tolling.
The court noted that the Vaccine Act requires the petition to be filed within 36 months of the first symptom or manifestation of onset or significant aggravation of a vaccine-related injury. The public decision does not describe the specific clinical story beyond the initial symptoms, any diagnostic tests, or treatments.
The Special Master's decision was based solely on the untimeliness of the filing. The case was dismissed as untimely filed.
Theory of causation
Petitioners Maria and Joel Gonzalez, as legal representatives of minor Joel Gonzalez, Jr., filed a petition alleging a vaccine injury on March 10, 2014, for pneumococcal conjugate and rotavirus vaccines administered on June 28, 2010. They alleged that six hours post-vaccination, Joel Jr. experienced a fever, staring episode, and subsequently developed a seizure disorder. The petition was dismissed by Chief Special Master Denise Kathryn Vowell on April 28, 2014, as untimely filed. The first symptom or manifestation of the alleged injury, a fever and staring episode, occurred on June 28, 2010. Under the Vaccine Act, the petition must be filed within 36 months of the first symptom or manifestation of onset or significant aggravation of a vaccine-related injury. Therefore, the petition should have been filed by June 28, 2013. The petition was filed on July 1, 2013. Petitioners did not present arguments for fraud or duress, and the Special Master rejected equitable tolling based on unawareness of a causal link, citing Federal Circuit precedent. The public decision does not detail the specific mechanism of injury or name any experts. The dismissal was based solely on the statute of limitations. No award was made.
Source PDFs
USCOURTS-cofc-1_13-vv-00442