C.L.S. v. HHS - DPT, Autoimmune Disorders, psychic injury and trauma, loss of wages and productivity, excessive medical expenses, decreased quality of life, collateral damage, and challenge to fulfilling all God-given potential (2021)

C.L.S. filed a petition alleging injuries, including autoimmune disorders and mental illness, resulting from DPT vaccinations received between June 29, 1987, and July 9, 1991. The respondent moved to dismiss, arguing the claim was filed outside the statutory limitations period.

The petitioner's alleged onset of symptoms began as early as 2005 or 2006 with anxiety and depression, and he was diagnosed with schizoaffective disorder and bipolar disorder in October 2013. The court found that the statute of limitations for claims related to vaccines administered before October 1, 1988, expired on February 1, 1991, and for vaccines administered after that date, the claim should have been filed within 36 months of the first symptom, which occurred no later than October 2006.

Therefore, the petition filed on December 27, 2019, was significantly past the deadline. The court also determined that equitable tolling was not applicable because the petitioner's alleged period of mental incapacity did not begin until October 1, 2013, which was after the statute of limitations had already expired.

Consequently, the court granted the respondent's motion to dismiss, dismissing the case for failure to file a timely action.