James D Ellis v. HHS - Influenza, meningitis and left arm cellulitis (2016)

James D. Ellis filed a petition pro se on October 27, 2015, alleging that he suffered meningitis and left arm cellulitis as a result of receiving a trivalent influenza vaccine or a pneumococcal vaccine on October 24, 2012.

He claimed the onset of meningitis symptoms, including chills, severe headache, and body aches, occurred on October 25, 2012. He was admitted to Longmont United Hospital on October 26, 2012, where he was diagnosed with aseptic meningitis and left arm cellulitis.

Symptoms related to the cellulitis allegedly began on October 29, 2012, during his hospitalization. The respondent filed a motion to dismiss, arguing the claim was untimely filed under the Vaccine Act's statute of limitations, which requires petitions to be filed within thirty-six months of the first symptom or manifestation of onset.

The petitioner's counsel acknowledged that the meningitis claim was filed approximately two days late, as the onset was October 25, 2012, and the petition was filed on October 27, 2015. Regarding the cellulitis claim, the medical records indicated it resolved within approximately two weeks, failing to meet the Vaccine Act's requirement that injuries last for more than six months.

The petitioner did not oppose the motion to dismiss. Consequently, the case was dismissed because the claims were barred by the statute of limitations and the duration requirement.