Anita Lee, in Her Own Right and as Best Friend of Her Daughter, Kyla Lee v. HHS - MMR, speech delay; pervasive developmental delay (2014)

Anita Lee, in her own right and as best friend of her daughter Kyla Lee, filed a petition on October 22, 2013, under the National Childhood Vaccine Injury Act. The petition alleged that the measles-mumps-rubella (MMR) and varicella vaccines administered to Kyla Lee in late 2010 or thereafter resulted in neurological injury, specifically speech delay and pervasive developmental delay.

Petitioner's counsel, John F. McHugh, did not initially file medical records.

Following status conferences, petitioner's counsel raised concerns about the timeliness of the petition relative to the onset of Kyla's speech delay. After conferring with his client, counsel clarified that the onset of Kyla's speech delay occurred more than 36 months prior to the petition's filing date.

On March 6, 2014, petitioner's counsel moved to dismiss the case based on the expiration of the statute of limitations. Respondent's counsel was Lindsay Corliss.

Special Master Laura D. Millman granted the petitioner's motion to dismiss.

The decision noted that the National Childhood Vaccine Injury Act requires petitions to be filed within 36 months of the first symptom or manifestation of the alleged illness. As the petition was filed outside this statutory window, the case was dismissed.