Mark A. Soprano v. HHS - Influenza, significant aggravation of underlying psoriasis and dermatitis (2017)

Mark A. Soprano, appearing pro se, filed a petition on January 17, 2017, alleging that an influenza vaccine administered on October 10, 2013, caused a significant aggravation of his underlying psoriasis and dermatitis.

Mr. Soprano stated that the first symptom, blistering on his hands, appeared approximately one month after the vaccination, around November 10, 2013.

The respondent was the Secretary of Health and Human Services, represented by Douglas Ross of the United States Department of Justice. During an initial status conference held on February 8, 2017, the Special Master, Thomas L.

Gowen, discussed the statute of limitations with the parties. The Special Master noted that the Vaccine Act requires petitions to be filed within thirty-six months of the first symptom or manifestation of the injury.

Mr. Soprano's first symptom occurred on or before November 10, 2013, and his petition was filed on January 17, 2017, which was more than thirty-eight months after the first symptom.

The Special Master found no applicable exceptions to the statute of limitations and concluded that the case was filed outside the statutory period. Consequently, the case was dismissed.

The decision was reissued for publication on March 7, 2017.