VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00554 Package ID: USCOURTS-cofc-1_17-vv-00554 Petitioner: Christopher Wynn Filed: 2017-08-18 Decided: 2017-09-29 Vaccine: Vaccination date: Condition: Outcome: dismissed Award amount USD: AI-assisted case summary: On April 20, 2017, Christopher T. Wynn filed a petition alleging injury from unspecified vaccinations administered in 2007 and prior years. The Special Master ordered the petitioner to provide the dates and types of vaccinations and evidence of harm. On May 25, the petitioner provided a letter describing vaccinations received between 1991 and 2008, along with some medical records confirming some of these vaccinations, but no evidence of harm. On June 21, the Special Master issued an order noting that the petition appeared to be untimely filed and gave the petitioner 30 days to respond to this issue. Since that order, the petitioner filed a letter on July 17, 2017, from his mother, Chandra Price. In this letter, Ms. Price mentioned a prior Vaccine Act petition she had filed in 2008 on behalf of Christopher Wynn, alleging vaccine injuries. That prior petition, No. 08-93V, was dismissed by Special Master Gary Golkiewicz on June 1, 2012, for failure to demonstrate vaccine-caused injuries. The Special Master reviewed the record of the prior case and found it was appropriately dismissed. The Special Master also found that Ms. Price's letter filed in the current case contained no information indicating that the present petition was filed in a timely fashion. The Special Master expressed sympathy for the difficulties faced by the petitioner and his mother but concluded that the petition, alleging injury from vaccinations administered between 1991 and 2008, was untimely filed. The Special Master also noted that the records in neither case contained evidence that Mr. Wynn was harmed by vaccinations. Accordingly, the petition was dismissed as untimely filed. The Special Master also noted no evidence justifying equitable tolling of the statute of limitations. Theory of causation field: Petitioner Christopher T. Wynn filed a petition alleging injury from unspecified vaccinations administered in 2007 and prior years, with vaccinations occurring between 1991 and 2008. The petition was dismissed by Special Master George L. Hastings as untimely filed, citing 42 U.S.C. § 300aa-16(a)(6). The petitioner provided some medical records indicating vaccinations but no evidence of harm. A prior petition filed by his mother, Chandra Price, in 2008 (No. 08-93V) alleging vaccine injuries to Christopher Wynn was previously dismissed by Special Master Gary Golkiewicz on June 1, 2012, for failure to demonstrate vaccine-caused injuries. The Special Master in the current case found no information to indicate the present petition was timely filed and no evidence of harm in either case. No specific theory of causation or medical experts were presented in the public decision. The decision was issued on September 29, 2017. Attorneys for the petitioner and respondent were not named in the public decision. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00554-0 Date issued/filed: 2017-09-29 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 8/18/2017) regarding 13 DECISION of Special Master Signed by Special Master George L. Hastings. (fl) Copy to parties. -------------------------------------------------------------------------------- Case 1:17-vv-00554-UNJ Document 15 Filed 09/29/17 Page 1 of 2 RIGINAL r~ REISSUED FOR PUBLICATION SEP 29 2017 OSM U.S. COURT OF FEDERAL CLAIMS 3Jn tbe mntteb $ tate5 (!Court of jfe beral (!Claims OFFICE OF SPECIAL MASTERS No. 17-554V FILED Filed: August 18, 2017 (Not for Publication) AUG 18 2017 ************************************* OSM U.S. COURT OF CHRISTOPHER T. WYNN, * FEDERAL CLAIMS * Petitioner, * * V. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* DECISION DISMISSING PETITION On April 20, 2017, the Petitioner, Christopher Wynn, filed this petition, alleging that he was injured by unspecified vaccinations administrated to him in 2007 and prior years. In an order filed on April 28, 2017, I ordered the Petitioner to provide the dates and types of vaccinations in question, and any evidence that he was harmed by vaccinations. On May 25, Petitioner filed a letter describing some vaccinations administered to him in 1991 through 2008, attaching some medical records which indicated that he had received some of those vaccinations, but no evidence that he was harmed by any vaccinations. On June 21, I filed an order instructing Petitioner that his petition appears to have been untimely filed, and giving him 30 days in which to respond to that issue of timely filing. Since I issued that Order, however, Petitioner has filed only a letter signed by his mother, Chandra Price, filed on July 17, 2017. In that letter, Ms. Price described a Vaccine Act petition that she filed in 2008, which had also alleged vaccine injmies to her son Christopher Wynn. That prior petition, No 08-93V, however, was dismissed by Special Master Gary Golkiewicz, on June 1, 2012, because Ms. Price had failed to demonstrate that her son had any vaccine-caused mJm1es. Case 1:17-vv-00554-UNJ Document 15 Filed 09/29/17 Page 2 of 2 After reviewing the record of Case No. 08-93 V, I find that the case was appropriately dismissed by Special Master Golkiewicz. Further, Ms. Price's letter filed on July 17 in this case contains no information or allegations indicating that this case was filed in a timely fashion. I have great sympathy for the difficulties of the Petitioner, Mr. Wynn, and his mother. But the record of this case makes it quite clear that the petition in this case, alleging injury by vaccinations administered in 1991 - 2008, was untimely filed. I (In addition, I note that nothing in the records of either case contains any evidence that in fact Mr. Wynn was harmed by vaccinations.) Accordingly, this case is hereby DISMISSED as untimely filed. See 42 U.S.C.§ 300aa- 16(a)(6). IT IS SO ORDERED. Ge~ ~J Special Master 1 I also seen no evidence justifying "equitable tolling" of the statute of limitations in this case. 2