Arthur Fredrick Lute v. HHS - DPT/DTP, autism (2018)

Arthur Fredrick Lute, as father and legal guardian of E.A.L., filed a petition on March 1, 2018, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that DPT vaccines received on July 9, 2012, August 10, 2012, October 19, 2012, July 31, 2013, and November 18, 2016, caused an encephalopathy leading to autism.

The case was initially assigned to Special Master Millman and later transferred to Special Master Brian H. Corcoran.

Special Master Corcoran noted concerns about the statute of limitations and ordered Petitioner to file an amended petition identifying the vaccine(s) and the first onset of the claimed injury. Petitioner filed an amended petition stating that the onset of the condition was in 2014.

Respondent filed a motion to dismiss on January 18, 2018, arguing the petition was time-barred because medical records indicated E.A.L. had symptoms of autism in June 2013, which was fourteen months before the petition was filed in August 2017. Petitioner was given until February 9, 2018, to respond to the motion to dismiss but did not file a response.

The public decision does not describe the specific symptoms, medical tests, treatments, or expert witnesses involved. The Special Master observed that claims asserting autism as an injury have rarely been successful in the Vaccine Program.

The case was dismissed because it was not filed within the three-year statute of limitations period. The Clerk was ordered to enter judgment accordingly.

The decision was reissued for publication on June 15, 2018.