Patrick L. Magliozzi v. HHS - anthrax, various injuries (2019)

Patrick L. Magliozzi filed a petition for compensation under the National Vaccine Injury Compensation Program on August 13, 2018, alleging he sustained various injuries as a result of receiving an anthrax vaccine on August 1, 2015.

The respondent was the Secretary of Health and Human Services. The public decision does not describe the petitioner's counsel or the respondent's counsel.

On August 7, 2019, an Order to Show Cause was issued, informing the petitioner that the anthrax vaccine is not covered under the Program and that the petition appeared to be filed outside the statute of limitations period. The petitioner was given 30 days to amend the petition or show cause why it should not be dismissed, and was also provided information on how to voluntarily exit the program.

The order concluded that non-compliance would be interpreted as a failure to prosecute or an inability to provide support for the claim, leading to dismissal. On September 5, 2019, the petitioner filed a Motion for a Decision Dismissing His Petition, stating that an investigation had demonstrated he would be unable to prove entitlement to compensation.

He acknowledged that a dismissal would result in a judgment against him and end all his rights in the Program. To be entitled to compensation under the Vaccine Act, a petitioner must demonstrate receipt of a vaccine listed on the Vaccine Injury Table and file within the statute of limitations.

Anthrax vaccines are not on the Table and are therefore not covered by the Program. The petitioner alleged he received the vaccine on August 1, 2015, and experienced symptoms 2-3 days later, but did not file his petition until August 13, 2018, which was more than 36 months after the onset of his first symptoms.

Therefore, the petitioner could not show he received a covered vaccine or filed within the statutory period. Chief Special Master Nora Beth Dorsey dismissed the petition for insufficient proof, and the Clerk was ordered to enter judgment accordingly.

The public decision does not describe any specific injuries, onset symptoms, medical records, tests, treatments, or expert testimony.