C.M. v. HHS - Influenza, Tourette's syndrome (2025)

On January 27, 2020, Jaclyn Russo, proceeding pro se, filed a petition on behalf of her minor child, C.M., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that C.M. suffered from Tourette's syndrome and other unspecified injuries caused by an influenza vaccination administered on January 24, 2017.

The respondent, the Secretary of Health and Human Services, moved to dismiss the petition as untimely, asserting it was filed more than 36 months after the onset of C.M.'s symptoms. The medical records indicated that C.M. developed symptoms, including worsening tics, altered gait, and falls, on January 24, 2017, the same day as the vaccination.

The petition was filed on January 27, 2020, which the respondent argued was three days late according to the statute of limitations. The petitioner contended that the limitations period should have commenced on January 27, 2017, the date of the first medical documentation of symptoms, or that equitable tolling should apply due to alleged fraudulent concealment of the wrong vaccine dose being administered and emotional hardship.

The Special Master found that the statute of limitations began to run on January 24, 2017, the date of symptom onset, and that the petition was therefore untimely. The Special Master also rejected the arguments for equitable tolling, finding no evidence of fraudulent concealment that prevented the petitioner from filing on time, nor evidence of debilitating mental incapacitation.

The Special Master further determined that amending the petition would be futile as the claim would still be untimely. Consequently, the Special Master granted the respondent's motion and dismissed the petition.

Petitioner counsel was Jaclyn Russo, proceeding pro se. Respondent counsel was Mary Eileen Holmes.

Special Master was Jennifer A. Shah.