Trevor Taylor v. HHS - unspecified, Gulf War Illness (GWI) (2016)
Case summary [AI summaries can sometimes make mistakes]
Trevor Taylor, acting pro se, filed a petition for compensation under the National Vaccine Injury Compensation Program alleging Gulf War Illness (GWI) resulting from vaccinations he received in the military. He indicated that he had suffered from GWI for 25 years.
The petition did not specifically allege that his GWI was vaccine-caused, but questioned the safety of military inoculations. The medical records submitted were for Trevor Alan Moeller and indicated typhoid and tetanus-diphtheria vaccinations on February 12, 1991, with other vaccinations noted as illegible.
The court issued an Order to Show Cause, explaining that claims must be for injuries from Program-covered vaccines and filed within the statutory time period. Mr.
Taylor filed an amended petition alleging polio and tetanus vaccinations caused his GWI and other sicknesses, and argued the filing was timely due to incapacitation. The court found that the claim was untimely, as Mr.
Taylor himself indicated the condition had persisted for 25 years, placing the filing approximately 22 years beyond the statute of limitations. The court rejected the argument for equitable tolling, finding Mr.
Taylor failed to provide specific details or medical records to support his claim of incapacitation, and noted his ability to obtain Social Security disability benefits contradicted a decades-long incapacitation preventing him from filing. Furthermore, the court noted that GWI is not a Table injury and the petition did not establish causation.
The case was dismissed as untimely.
Source PDFs
USCOURTS-cofc-1_15-vv-01310