{"package_id":"USCOURTS-cofc-1_20-vv-00018","decision_granule_id":"USCOURTS-cofc-1_20-vv-00018-0","petitioner_identifier":"J.A.M.","is_minor":1,"age_at_vaccination":7.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2015-12-15","condition_raw":"shoulder injury related to vaccine administration (SIRVA)","condition_category":"SIRVA","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2020-08-12","extraction_version":"gemini-v2","extracted_at":"2026-04-30T01:11:59.615213+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":0,"theory_of_causation":"Petitioner J.A.M., a 7-year-old minor, received an influenza vaccination on December 15, 2015. Petitioner alleged onset of shoulder injury related to vaccine administration (SIRVA) symptoms within 48 hours of vaccination, with alleged subsequent behavioral issues. The petition was filed on January 7, 2020, which was outside the 36-month statute of limitations, as the alleged onset was no later than December 17, 2015, and SIRVA was added to the Vaccine Injury Table effective March 21, 2017, making the filing deadline March 21, 2019. Petitioner sought equitable tolling, alleging discriminatory actions by a prior Special Master and the need for an expert report. The Special Master, Christian J. Moran, found the petition untimely and denied equitable tolling, citing lack of diligence and extraordinary circumstances. The prior Special Master, Hastings, had encouraged petitioner to obtain medical records and an expert report, which petitioner failed to do in the prior case (17-368V) before voluntarily dismissing it on August 14, 2017, despite possessing a report from Dr. Mark Levin dated July 17, 2017. The court found no evidence of discrimination and noted that medical records did not document shoulder pain, and an expert would be needed to link a shoulder injury to alleged behavioral issues. The Secretary's motion to dismiss was granted. Petitioner's counsel was Christopher Lee Phillippe, and respondent's counsel was Jennifer L. Reynaud. The decision date was August 12, 2020.","is_death":0,"date_of_death":null,"petition_filed_date":"2020-01-07","case_summary":"Loren Lynette Machuca, on behalf of her son J.A.M., a minor, filed a petition on January 7, 2020, alleging that J.A.M. suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on December 15, 2015. J.A.M., who was 7 years old, had a history of ADHD and behavioral issues. The petition alleged that J.A.M. developed SIRVA symptoms, including sharp stabbing pain, tingling, difficulty sleeping on the affected side, discomfort, and anxiety, within 48 hours of the vaccination. The petition also alleged that J.A.M. experienced increased anxiety, mood swings, behavioral problems, disturbances, and inattention shortly after the vaccination, with a diagnosis occurring on December 28, 2015. Ms. Machuca sought compensation under the National Vaccine Injury Compensation Program. The respondent, the Secretary of Health and Human Services, moved to dismiss the case, arguing it was filed outside the statute of limitations. The public decision does not describe the specific symptoms or medical findings documented by Dr. Batta or the therapists beyond general behavioral issues and ADHD, nor does it detail the specific mechanism of injury. The decision also does not name the petitioner's counsel for the current petition, Christopher Lee Phillippe, or the respondent's counsel, Jennifer L. Reynaud, beyond their appearances. Special Master Christian J. Moran presided over the case. The court found that the petition was filed outside the 36-month statute of limitations, as the alleged onset of symptoms occurred no later than December 17, 2015, and SIRVA was added to the Vaccine Injury Table on March 21, 2017, making the filing deadline March 21, 2019. Ms. Machuca argued for equitable tolling, citing alleged discriminatory actions by the prior Special Master, Hastings, and the need to obtain an expert report. However, the court found that Ms. Machuca failed to demonstrate diligence in filing the case within the statutory period and that no extraordinary circumstances justified equitable tolling. The court noted that the prior Special Master had provided opportunities and encouraged the petitioner to obtain necessary medical records and an expert report to support the claim, which was not done in the prior case. The medical records filed did not document shoulder pain or problems, and the amended petition's claims of behavioral issues stemming from SIRVA required expert explanation. The court also noted that Ms. Machuca had previously filed a similar petition in case number 17-368V, which was voluntarily dismissed on August 14, 2017, after the petitioner failed to meet deadlines for filing medical records and an expert report. The court found that Ms. Machuca had Dr. Levin's report dated July 17, 2017, in hand before voluntarily dismissing the prior case, but did not file it or re-file her petition before the statute of limitations expired, thus failing to show diligence. The court rejected the claim of discriminatory treatment by Special Master Hastings, stating that the requirement for an expert report was statutorily prescribed and reasonable, especially given the lack of medical records supporting a shoulder injury and the need to explain the alleged link between a shoulder problem and behavioral issues. Ultimately, the court granted the Secretary's motion to dismiss, finding the petition was filed outside the statute of limitations and equitable tolling was not warranted. The case was dismissed.","is_minor_inferred":1,"is_pediatric_broad":1,"special_master":"Christian J. Moran","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Christopher Lee Phillippe","petitioner_attorney_firm":"Christopher Lee Phillippe, PC","petitioner_attorney_location":"Brownsville, TX","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|christopher-phillippe|","firm_canonical_key":"christopher-lee-phillippe","package_title":"MACHUCA v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00018","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00018.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00018.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_20-vv-00018-0","title":"MACHUCA v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 07/17/2020) regarding 17 DECISION of Special Master. Signed by Special Master Christian J. Moran. (hh) Service on parties made.","date_issued":"2020-08-12","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_20-vv-00018/granules/USCOURTS-cofc-1_20-vv-00018-0/pdf","pdf_bytes":339180,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_20-vv-00018/USCOURTS-cofc-1_20-vv-00018-0"}]}