Aprises Phillips and Ivan Phillips, Sr. v. HHS - MMR, encephalopathy and developmental difficulties (2017)

Aprises Phillips and Ivan Phillips, Sr. filed a petition on August 23, 2016, on behalf of their son, Ivan Phillips, alleging he suffered vaccine-related injuries, including encephalopathy and developmental difficulties, after receiving MMR vaccinations on August 25, 2008, and December 31, 2008. Ivan Phillips was born on February 19, 2007.

The petition stated that after the August 25, 2008 vaccination, Ivan stopped developing normally and experienced regression, with symptoms resembling autism, including problems with motor skills, behavior, and learning. The petition also claimed that a second MMR vaccination on December 31, 2008, caused him to become ill again and increased his developmental problems.

The petitioners stated that their pediatrician, Dr. James Womack (later identified as Wamack), informed them that the MMR vaccine could not have caused these problems.

They also noted that Dr. Anne Stafford of Midtown Pediatrics examined Ivan on May 24, 2010, documented measles symptoms, and referred him for an autism evaluation.

The petitioners asserted that their delay in filing was due to a lack of knowledge about the National Vaccine Injury Compensation Program and difficulties in obtaining medical records. The Special Master ordered the petitioners to show cause why the petition should not be dismissed as untimely.

In response, the petitioners argued for an extension of the deadline due to their ignorance of the program and medical assurances that the MMR vaccine was not the cause. The Special Master dismissed the petition, finding it was filed more than seven years after the first symptoms appeared in 2008, and that ignorance of the program or medical opinions about causation did not constitute extraordinary circumstances for equitable tolling.

The Special Master's decision was issued on November 28, 2016. The petitioners filed a motion for review of this decision.

On April 6, 2017, Senior Judge Lynn J. Bush of the U.S.

Court of Federal Claims affirmed the Special Master's decision, denying the motion for review and sustaining the dismissal. The court found that the petition was filed outside the 36-month statute of limitations, as Ivan's symptoms first became apparent between 2008 and 2010.

The court also held that the petitioners' lack of knowledge of the Vaccine Act and the medical opinions they received did not meet the stringent requirements for equitable tolling of the statute of limitations, citing the precedent set in Cloer v. Secretary of Health & Human Services.

The court directed the Clerk's Office to enter final judgment in accordance with the Special Master's decision.