{"package_id":"USCOURTS-cofc-1_20-vv-00223","decision_granule_id":"USCOURTS-cofc-1_20-vv-00223-0","petitioner_identifier":"Patricia Lopez","is_minor":0,"age_at_vaccination":50.6,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2015-09-15","condition_raw":"shoulder injury related to vaccine administration (SIRVA)","condition_category":"SIRVA","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2020-12-15","extraction_version":"gemini-v2","extracted_at":"2026-04-30T01:12:46.536264+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":0,"theory_of_causation":"Petitioner Patricia Lopez, born January 4, 1965, received an influenza vaccination on September 15, 2015. She alleged developing Shoulder Injury Related to Vaccine Administration (SIRVA) within 48 hours. The petition was filed on February 27, 2020, beyond the statute of limitations. Petitioner sought equitable tolling, arguing that she needed time to obtain an expert report. In a prior case (17-384V), filed March 20, 2017, petitioner initially alleged dizziness, anxiety, and depression, not SIRVA, and provided no medical records. Special Master Hastings required an expert report for off-Table claims. Petitioner later amended the prior petition to allege SIRVA and filed medical records, but voluntarily dismissed the case on August 14, 2017, before filing an expert report. Petitioner obtained a report from Dr. Mark Levin dated July 14, 2017, but did not file it in the prior case. In the current case, the Special Master found that petitioner failed to establish diligence or extraordinary circumstances for equitable tolling because she possessed Dr. Levin's report for months before filing the new petition. The Special Master rejected claims of discriminatory treatment. The case was dismissed as untimely and without basis for equitable tolling. The public decision does not describe the specific mechanism of SIRVA or name petitioner's counsel in the prior case, Omar Rosales, or respondent's counsel, Emilie Williams, in the analysis section, nor does it detail the specific findings or reasoning of Dr. Levin.","is_death":0,"date_of_death":null,"petition_filed_date":"2020-02-27","case_summary":"Patricia Lopez, born January 4, 1965, filed a petition on February 27, 2020, alleging that she received an influenza vaccination on September 15, 2015, and subsequently developed Shoulder Injury Related to Vaccine Administration (SIRVA). The petition was filed beyond the statute of limitations. Ms. Lopez's initial petition in a prior case, docketed as 17-384V and filed on March 20, 2017, with attorney Omar Rosales, alleged that the flu vaccination caused dizziness, anxiety disorder, and depression. No shoulder injury was alleged in that initial petition, and no medical records were filed. During a status conference on March 30, 2017, Special Master Hastings informed Mr. Rosales that cases alleging conditions not on the Vaccine Injury Table would require an expert report to establish causation. The case was stayed to allow investigation. Subsequently, Special Master Hastings directed Mr. Rosales to advance eight specific cases, including Ms. Lopez's, and to file amended petitions and all medical records by June 26, 2017. In a status conference on June 21, 2017, Special Master Hastings questioned the basis for SIRVA claims when medical records did not clearly indicate such injuries, noting that SIRVA symptoms are typically evident in medical records. Mr. Rosales asserted that his clients were being treated unfairly due to their socioeconomic and ethnic background, which Special Master Hastings rejected, emphasizing the need for proof of a vaccine-caused injury lasting six months or longer. Mr. Rosales agreed to obtain expert reports. On July 10, 2017, Ms. Lopez filed medical records and an amended petition alleging SIRVA. Special Master Hastings ordered Ms. Lopez to obtain an expert report opining on a specific vaccine-caused injury by August 11, 2017, warning that failure to do so would result in dismissal. On August 14, 2017, without filing an expert report in that case, Mr. Rosales filed a notice of voluntary dismissal. Ms. Lopez later obtained a report from Dr. Mark Levin, dated July 14, 2017, which was not filed in the prior case. In the current case, filed on February 27, 2020, with attorney Christopher Phillippe, Ms. Lopez again alleged SIRVA and sought equitable tolling of the statute of limitations, arguing that the prior requirement for an expert report justified the delay. The Special Master, Christian J. Moran, reviewed the case, noting that Ms. Lopez's response to an order to show cause did not address the statute of limitations or equitable tolling but instead raised procedural arguments and claims of discriminatory treatment. Citing the prior decision in Machuca v. Sec’y of Health & Human Servs., the Special Master found that Ms. Lopez failed to establish diligence or extraordinary circumstances for equitable tolling, as she possessed Dr. Levin's report for months before filing it in the new case. The Special Master rejected the claims of discriminatory treatment and concluded that the petition was untimely and lacked a basis for equitable tolling. The case was dismissed.","is_minor_inferred":0,"is_pediatric_broad":0,"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":"LOPEZ v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00223","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00223.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00223.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_20-vv-00223-0","title":"LOPEZ v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 11/19/2020) regarding 11 DECISION of Special Master. Signed by Special Master Christian J. Moran. (hh) Service on parties made.","date_issued":"2020-12-15","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_20-vv-00223/granules/USCOURTS-cofc-1_20-vv-00223-0/pdf","pdf_bytes":313067,"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-00223/USCOURTS-cofc-1_20-vv-00223-0"}]}