Stefon Garcia v. HHS - DTaP, death (2014)
Case summary [AI summaries can sometimes make mistakes]
Lissa Garcia, trustee for the next-of-kin of Stefon Garcia, a deceased minor, filed a petition for vaccine compensation on May 12, 2014. The petition alleged that the DTaP, HiB, IPV, PCV, and Rotavirus vaccines caused Stefon Garcia's death on August 29, 2011.
The petition was filed more than 24 months after the date of death, exceeding the statute of limitations. On June 27, 2014, the petitioner moved for a dismissal, acknowledging that the claim was untimely.
Special Master Thomas L. Gowen issued a decision on August 5, 2014, dismissing the petition as untimely filed.
The public decision does not describe the specific symptoms, medical tests, treatments, or the mechanism of death. Petitioner counsel was Randall Knutson, Esq., and respondent counsel was Gordon Shemin, Esq.
No award amount was granted as the case was dismissed.
Theory of causation
The petitioner alleged that the DTaP, HiB, IPV, PCV, and Rotavirus vaccines caused the death of Stefon Garcia on August 29, 2011. The petition was filed on May 12, 2014, which was more than 24 months after the date of death, thus exceeding the statute of limitations under 42 U.S.C. § 300aa-16(a)(3). The petitioner moved for dismissal due to the untimely filing. Special Master Thomas L. Gowen dismissed the petition on August 5, 2014, as untimely. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused death. Petitioner counsel was Randall Knutson, Esq., and respondent counsel was Gordon Shemin, Esq.
Source PDFs
USCOURTS-cofc-1_14-vv-00404