Patrick L. Magliozzi v. HHS - anthrax, various injuries (2019)
Case summary [AI summaries can sometimes make mistakes]
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.
Theory of causation
Petitioner Patrick L. Magliozzi filed a petition on August 13, 2018, alleging injuries from an anthrax vaccine received on August 1, 2015. The petition was dismissed by Chief Special Master Nora Beth Dorsey on November 20, 2019, for insufficient proof. The anthrax vaccine is not listed on the Vaccine Injury Table, and thus is not a covered vaccine under the National Vaccine Injury Compensation Program. Furthermore, the petition was filed outside the 36-month statute of limitations, as the petitioner alleged symptom onset 2-3 days after vaccination on August 1, 2015, but did not file until August 13, 2018. The petitioner himself moved to dismiss his petition, stating he could not prove entitlement. No specific mechanism of injury, expert testimony, or award breakdown is described in the public decision, as the case was dismissed on threshold eligibility grounds. Petitioner's counsel was David Porter Murphy, and respondent's counsel was Heather Pearlman.
Source PDFs
USCOURTS-cofc-1_18-vv-01196