Monica DaSilva v. HHS - Influenza, polymyositis, inclusion body myositis, and/or acute necrotizing myopathy (2019)

Monica DaSilva received an influenza vaccine on October 17, 2014. She alleged that within three days, she developed muscle weakness and swallowing difficulties, leading to a diagnosis of polymyositis, inclusion body myositis, and/or acute necrotizing myopathy.

Her petition was filed on August 23, 2018, approximately ten months after the statute of limitations expired. Ms.

DaSilva sought equitable tolling, arguing she was mentally and physically incapacitated for over sixteen months, preventing her from filing on time. The court reviewed extensive medical records and affidavits.

While acknowledging a period of significant physical disability, the court found that the contemporaneous medical records did not support a finding of incapacity sufficient to prevent her from handling her affairs or filing her claim. Notably, Ms.

DaSilva initiated a Social Security Disability Insurance (SSDI) claim while hospitalized and actively participated in its appeal process, demonstrating mental and physical capacity. The court also found that she was not aware of the Vaccine Program until after the statute of limitations had expired.

Consequently, the court granted the respondent's motion to dismiss, finding the petition was not timely filed and equitable tolling was not warranted.