Leticia Palencia v. HHS - MMR, SIRVA (2020)
Case summary [AI summaries can sometimes make mistakes]
Leticia Palencia filed a petition on February 20, 2020, on behalf of C.A.P., a minor, alleging that the child developed SIRVA as a result of a Measles series 2 vaccine received on March 12, 2012. The respondent was the Secretary of Health and Human Services.
On July 20, 2020, the Special Master issued an order to show cause, instructing Ms. Palencia to explain why the case should not be dismissed by August 24, 2020.
Ms. Palencia failed to respond to this order.
The Special Master noted that the case was also barred by the statute of limitations, as the petition was filed more than 36 months after the vaccination date, citing 42 U.S.C. § 300aa–16(a)(2). The public decision does not describe the specific onset of symptoms, medical examinations, or treatments related to the alleged SIRVA.
No expert witnesses were named in the public decision. The Special Master, Christian J.
Moran, dismissed the case for failure to prosecute and because the claim was barred by the statute of limitations. The Clerk was instructed to enter judgment accordingly.
No compensation was awarded. The attorneys involved were Christopher L.
Phillippe for the petitioner and Jennifer L. Reynaud for the respondent.
The decision was issued on September 2, 2020, and filed on September 29, 2020.
Theory of causation
Petitioner alleged that C.A.P. developed SIRVA as a result of a Measles series 2 vaccine received on March 12, 2012. The petition was filed on February 20, 2020, by Leticia Palencia on behalf of the minor. The Special Master, Christian J. Moran, dismissed the case for failure to prosecute and because the claim was barred by the statute of limitations, as the petition was filed more than 36 months after the vaccination date, citing 42 U.S.C. § 300aa–16(a)(2). The public decision does not describe the specific theory of causation, mechanism of injury, or any expert testimony. No award was made.
Source PDFs
USCOURTS-cofc-1_20-vv-00180