Alfred Altmiller v. HHS - Zostavax, rash and neuropathy (2016)
Case summary [AI summaries can sometimes make mistakes]
Alfred Altmiller, proceeding pro se, filed a petition on February 3, 2016, seeking compensation under the National Vaccine Injury Compensation Program for a rash and neuropathy allegedly resulting from the Zostavax shingles vaccine. The petition indicated that the onset of Mr.
Altmiller's symptoms occurred in 2007 or 2008, approximately seven to eight years before the petition was filed. On November 4, 2015, the Special Master issued an Order to Show Cause, informing Mr.
Altmiller that the Zostavax vaccine is not covered by the Program because it is administered to adults and is not listed on the Vaccine Injury Table. The order also advised him that claims for vaccines administered after October 1, 1988, must be filed within 36 months of the first symptom or manifestation of onset.
Mr. Altmiller was given 30 days to amend his petition to allege injury from a program-covered vaccine or otherwise show cause why his claim should not be dismissed, with non-compliance resulting in dismissal for failure to prosecute or insufficient proof.
Mr. Altmiller contacted court staff multiple times to understand the order.
Despite being informed that he needed to file a new petition with additional allegations and that his deadline to respond was extended to January 21, 2016, after he indicated he had retained counsel (who later declined to take his case), Mr. Altmiller never filed an amended petition or provided any response to the court's order.
The Special Master noted that Zostavax is not on the Vaccine Injury Table and is administered to adults, unlike the varicella vaccine for children. Previous petitions involving the shingles vaccine have also been dismissed.
Because Mr. Altmiller failed to demonstrate that he received a vaccine covered by the Program and failed to file his claim within the statutory time limit, and further failed to prosecute his claim or comply with court orders, the case was dismissed for insufficient proof and failure to prosecute.
The clerk was directed to enter judgment accordingly. The decision was issued by Chief Special Master Nora Beth Dorsey.
Theory of causation
Petitioner Alfred Altmiller alleged injury (rash and neuropathy) from the Zostavax shingles vaccine, filed February 3, 2016. Medical records indicated symptom onset in 2007 or 2008. The Zostavax vaccine is not covered by the National Vaccine Injury Compensation Program as it is administered to adults and not listed on the Vaccine Injury Table. The petition was also untimely, filed approximately seven to eight years after symptom onset, exceeding the 36-month statute of limitations for vaccines administered after October 1, 1988. Petitioner was issued an Order to Show Cause and given extensions to amend his petition to allege injury from a program-covered vaccine or show cause for dismissal. Petitioner failed to file an amended petition or otherwise respond to the order, leading to dismissal for insufficient proof that a program-covered vaccine was administered and for failure to prosecute. No specific theory of causation, medical experts, or mechanism of injury were presented or discussed in the public decision, as the case was dismissed on preliminary grounds. The decision was issued by Chief Special Master Nora Beth Dorsey on May 10, 2016. Petitioner was pro se, and respondent was represented by Lisa Watts of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_15-vv-01285