Miguel Gomez v. HHS - Influenza, shoulder injury (2020)

Miguel Gomez, an adult, received an influenza vaccine on October 3, 2014. He alleged that he suffered a left shoulder injury as a result of this vaccination.

Initially, he believed the vaccination occurred in December 2014 and filed his petition on November 16, 2017, based on this belief and his own recollection of shoulder pain following the injection. He submitted medical records reflecting his complaints of pain and his statements to physicians that the pain began after a December 2014 flu shot.

However, the official vaccination records, which were filed with the petition and later obtained via subpoena, clearly indicated the vaccination date was October 3, 2014. This date was more than 36 months prior to the filing of his petition, making the claim untimely under the Vaccine Act's statute of limitations.

Upon realizing the discrepancy and the untimeliness of his claim, Mr. Gomez moved to dismiss his own petition.

The Chief Special Master dismissed the case, finding insufficient proof of causation and that the claim was time-barred. Subsequently, Mr.

Gomez sought attorneys' fees and costs, arguing a reasonable basis for filing existed based on his recollection and medical records. The respondent moved for review of this decision.

The court granted the respondent's motion, reversed the award of attorneys' fees, and found that Mr. Gomez knew or should have known his claim was time-barred due to the conflicting vaccination records, thus there was no reasonable basis for filing the petition.