VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00424
Package ID: USCOURTS-cofc-1_15-vv-00424
Petitioner: David Stankovic
Filed: 2015-09-03
Decided: 2015-09-25
Vaccine: MMR
Vaccination date: 1981-10-05
Condition: Obsessive Compulsive Disorder, Tourette's Syndrome, autism, a serotonin imbalance, and inflamed brain ventricles
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Snezana Stankovic filed a petition on behalf of David Stankovic, alleging that the Measles-Mumps-Rubella (MMR) vaccine administered on October 5, 1981, caused Obsessive Compulsive Disorder, Tourette's Syndrome, autism, a serotonin imbalance, and inflamed brain ventricles, with onset around 1989 when David was nine years old. The case was dismissed by Special Master Brian H. Corcoran on September 25, 2015, as untimely. The petition was filed nearly 34 years after the vaccination, exceeding the 28-month limit after October 1, 1988, for pre-1988 vaccines. Additionally, the alleged symptom onset in 1989 occurred approximately eight years after vaccination, exceeding the three-year limit for symptom manifestation. The public decision does not detail a specific theory of causation, mention any experts, or provide a breakdown of any award, as the case was dismissed on statute of limitations grounds. Petitioner's counsel was Snezana Stankovic (pro se claimant), and respondent's counsel was Sarah Christina Duncan.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00424-0
Date issued/filed: 2015-09-25
Pages: 3
Docket text: n) (sw).PUBLIC DECISION (Originally filed: 09/03/2015) regarding 17 DECISION of Special Master. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. (Main Document 18 replaced on 3/4/2026 with signed versio
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Case 1:15-vv-00424-UNJ Document 18 Filed 09/25/15 Page 1 of 3
ORIGINAL
3n tjjt WLnittb &tati* Court of Jfthtxul Claims
OFFICE OF SPECIAL MASTERS
No. 15-424V FILED
(Not to be Published)
SEP - 3 2015
************************* U.S. COURTOF
FEDERALCLAIMS
SNEZANA STANKOVICfor *
DAVID STANKOVIC, * Filed: September3, 2015
*
Petitioner, *
* Statute ofLimitations; Vaccine Act
* Entitlement; Denial WithoutHearing
SECRETARYOF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************
Snezana Stankovic,pro se claimant.
SarahChristinaDuncan, U.S. Dep't ofJustice, Washington, D.C.
DECISION DISMISSING CASE1
On April 27, 2015, Snezana Stankovic filed a petition on behalfof her brother, David
Stankovic, seeking compensation under theNational Vaccine Injury Compensation Program (the
"Vaccine Program").2 Arevised petition was laterfiled onMay 20,2015. Together, thepetitions
allege thattheMeasles-Mumps-Rubella("MMR") VaccinethatDavidStankovicreceivedin1981
causedhimtodevelopObsessive CompulsiveDisorder,Tourette's Syndrome, autism,a serotonin
1Becausethisdecisioncontainsareasonedexplanationformyactionsinthiscase,IwillpostitontheUnitedStates
CourtofFederal Claimswebsite, inaccordance withtheE-GovernmentActof2002, Pub.L.No. 107-347, §205,116
Stat. 2899,2913(Dec. 17,2002)(current version at44U.S.C. §3501 (2014)). Asprovided by42U.S.C. §300aa-
12(d)(4)(B), however, thepartiesmayobjecttothe decision'sinclusionofcertainkinds ofconfidentialinformation.
Specifically, under Vaccine Rule 18(b), each party has fourteen days within which torequest redaction "ofany
informationfurnishedbythatparty: (1)thatisatradesecretorcommercialorfinancial insubstanceand isprivileged
orconfidential; or(2)thatincludes medical files orsimilar files, thedisclosure ofwhich would constitute aclearly
unwarrantedinvasionofprivacy."VaccineRule 18(b).Otherwise,the wholedecisionwill beavailabletothepublic.
Id.
2TheVaccineProgramcomprisesPart2oftheNationalChildhoodVaccineInjuryActof1986,Pub. L.No. 99-660,
100 Stat. 3758, codifiedasamendedat42U.S.C. §§300aa-10through34(2012) [hereinafter"Vaccine Act"or"the
Act"]. Individualsectionreferenceshereafterwillbeto§300aaoftheAct(butwillomitthatstatutoryprefix).

Case 1:15-vv-00424-UNJ Document 18 Filed 09/25/15 Page 2 of 3
imbalance, and inflamed brain ventricles. See Rev. Pet. at 1 (ECF No. 11). These illnesses
allegedly continue to this day. Id.
OnJuly22,2015, Respondent filed aMotion to Dismiss. Mot. to Dismiss (ECF No. 13)
[hereinafter "Mot."]. Respondent argued that asaninitial matter, Petitioner's standing onbehalf
ofher brother is unclear.3 Id.at 2. Furthermore, Respondent asserts that the proofofvaccination
filed showsthat Davidreceivedthe MMRvaccineon October5,1981,butthatonsetofhis alleged
symptoms occurredeightyears later, sothe claimviolatesthe VaccineAct'sstatute oflimitations.
Mat2-3.
Petitioner fileda Response totheMotiononAugust7,2015,requesting thatI "overrule"
thethree-year statute oflimitations oftheVaccine Act. Resp. to Mot. to Dismiss at 1(ECF No.
15). Thereafter onAugust 14, 2015, Petitioner filed anadditional response, further urging meto
"seekanexemption" from thestatute oflimitations. Response at 1(ECF No.16).
To receive compensation underthe Vaccine Program, a petitionermustprove either(1)
that he suffered a "Table Injury" - i.e., an injury falling within the Vaccine Injury Table -
correspondingtoone ofhisvaccinations, or(2) thathesuffered aninjurythatwas actually caused
bya vaccine. See §§13(a)(l)(A) and 11(c)(1). Regardless ofthenature oftheclaim, however, it
muststillbetimely made. Forinjuries resulting fromavaccine administered priorto October 1,
1988 (the relevant portion oftheVaccine Act'slimitations provisionherein), aclaim may notbe
filed "aftertheexpirationof28months afterOctober 1,1988, andnosuchpetitionmay befiled if
thefirst symptomofmanifestationofonset... ofsuchinjury occurredmorethan 36months after
the date ofadministration ofthe vaccine." Section 16(a)(1). The test is conjunctive, meaning that
both factors must be met in orderto avoid dismissal based on the statute oflimitations.
Petitioner's claim violates both factors. David Stankovic received the MMR vaccine on
October5,1981,temporallyplacingthisclaimwellwithinthescope ofSection 16(a)(1), whichis
applicabletovaccines administeredpriortoOctober 1,1988. Section 16(a)(1); Rev. Pet. at10, 13.
Thisclaim- having beenfiled nearly 34years afterthevaccination at issue- was clearly filed
longerthan28months afterOctober 1,1988, asRespondent observes.
While this deficiency would be enough by itself to dispose of the claim, there are also
limitationsproblems stemmingfrom thereportedonsetofDavid Stankovic'ssymptoms. Basedon
the Petition, David Stankovic appears to have experienced onset of his Obsessive Compulsive
Disorder andTourette's around agenineorin 1989 givenhisbirthdateofJune5, 1980. Inother
words, manifestationofDavidStankovic'sprimarysymptomsoccurred approximatelyeightyears
after administration of the MMR vaccine - significantly longer than the three-year statute of
limitations cap.
3BecauseIamdismissingthismatteronstatuteoflimitations grounds, Idonotreachthestandingissue.
2

Case 1:15-vv-00424-UNJ Document 18 Filed 09/25/15 Page 3 of 3
AlthoughIam sympathetic toPetitioner's requests that Iexercise leniency inapplying the
limitationsperiodtoherclaim, the lawdoesnotpermitthis. Indeed, inothercasespetitionershave
similarly argued that unfairness shouldbethe basis for exemption from the Vaccine Act'sstatute
oflimitations. See e.g., Smith v. Sec'y ofHealth &Human Servs., 26 Cl.Ct. 116, aff'd, 983 F.2d
1088 (Fed. Cir. 1992); see also Lombardo v. Sec'y ofHealth &Human Servs., 34 Fed. CI. 21
(1995); Goodlockv. Sec'yofHealth &HumanServs.,No. 05-1240V, 2006 WL 5630235 (Fed. CI.
Spec. Mstr. Jan. 9, 2006). Such cases were also dismissed as untimely under Section 16(a)(1). Id.
And inany event, equitable tolling isnot permitted under Section 16(a)(1). Weddel v. Sec'y of
Health &Human Servs., 100F.3d 929,932 (Fed. Cir. 2001)(interpreting Section 16(a)(1)as a
statuteofreposetowhichequitable tollingdoesnotapply).
Congress limited the types ofclaims petitioners could bring when itcreated the Vaccine
Programbyestablishingreasonable temporal limits forthefiling ofpetitions. Goodlock, 2006 WL
5630235,at*2. Asaresult, thestatuteoflimitationsbarsthepresentcaseasuntimely. Id.;Pousha
v. Sec'yofHealth &HumanServs.,No. 91-915V, 1992 WL 233901 (Fed. CI. Spec. Mstr. Sept. 3,
1992).
Thus,thiscaseisdismissed asuntimely.The Clerkshall enterjudgmentaccordingly.
IT IS SO ORDERED.
BrianH. Corcoran
Special Master