Vernon D. Begley v. HHS - IPV/Polio, poliomyelitis (polio) and post-polio syndrome (2017)

Vernon D. Begley filed a petition seeking compensation for alleged vaccine-related polio and post-polio syndrome, stating he received a polio vaccine in the late 1950s.

He claimed the polio onset was shortly after the vaccination, and post-polio syndrome began around 1988. Mr.

Begley, who has been incarcerated for 32 years, argued that his circumstances warranted equitable tolling of the statute of limitations. The respondent moved to dismiss, asserting the claim was time-barred under 42 U.S.C. § 300aa-16(a)(1), which governs claims for vaccines administered before October 1, 1988.

The court found that for pre-Act vaccinations, claims must be filed within 28 months of October 1, 1988, meaning by February 1, 1991. Mr.

Begley filed his petition on May 27, 2015, over 24 years after the deadline. The court determined that § 16(a)(1) is a statute of repose, not a statute of limitations, and therefore is not subject to equitable tolling, even for incarcerated individuals.

The court noted that Congress was aware of potential late claims but chose not to include provisions for equitable tolling for pre-Act cases. Consequently, the court granted the respondent's motion to dismiss, finding the petition untimely filed.