David Stankovic v. HHS - MMR, Obsessive Compulsive Disorder, Tourette's Syndrome, autism, a serotonin imbalance, and inflamed brain ventricles (2015)

Snezana Stankovic filed a petition on September 3, 2015, on behalf of her brother, David Stankovic, alleging that the Measles-Mumps-Rubella (MMR) vaccine David received in 1981 caused him to develop Obsessive Compulsive Disorder, Tourette's Syndrome, autism, a serotonin imbalance, and inflamed brain ventricles. The alleged illnesses continue to the present day.

The respondent, the Secretary of Health and Human Services, moved to dismiss the case, arguing that the petition was untimely filed. The respondent noted that the MMR vaccine was administered on October 5, 1981, but the alleged symptoms did not manifest until approximately eight years later, in 1989, when David Stankovic was nine years old.

This eight-year delay in symptom onset significantly exceeded the three-year statute of limitations for symptom manifestation following vaccination. Furthermore, the petition was filed nearly 34 years after the vaccination, exceeding the 28-month window after October 1, 1988, for claims related to pre-1988 vaccines.

The petitioner requested leniency and an exemption from the statute of limitations, citing fairness. Special Master Brian H.

Corcoran agreed with the respondent, finding that the claim was untimely under both prongs of the statute of limitations. The Special Master cited precedent cases where similar claims were dismissed and noted that equitable tolling is not permitted under Section 16(a)(1) of the Vaccine Act.

Consequently, the case was dismissed as untimely. The public decision does not describe the petitioner's counsel, respondent's counsel, specific clinical details of the alleged injuries, or any expert testimony.