Selina Villafranca v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Selina Villafranca filed a petition on February 27, 2020, on behalf of her minor son, N.L.V., alleging that an influenza vaccination administered on November 16, 2015, caused a shoulder injury related to vaccine administration (SIRVA). N.L.V. was born on November 12, 2000, making him approximately 15 years old at the time of vaccination.

The petition alleged that N.L.V. developed SIRVA and experienced sharp stabbing pain, tingling, difficulty sleeping on the affected side, and discomfort. The petition also alleged that N.L.V. was diagnosed with increased aggression shortly after the immunization, which culminated in a fight where his nose was broken on September 9, 2016.

The respondent was the Secretary of Health and Human Services. The public decision does not describe the specific symptoms or onset of the alleged SIRVA, nor does it detail the medical records filed after 2016.

The decision also does not name the petitioner's counsel in this current case, Christopher Lee Phillippe, or the respondent's counsel, Emilie Williams. Special Master Christian J.

Moran issued the decision. The case was dismissed because it was filed outside the statute of limitations, and the petitioner's request for equitable tolling was denied.

The petitioner had previously filed a similar petition in case 17-366V on March 20, 2017, represented by attorney Omar Rosales. In that prior case, the petitioner did not initially allege a shoulder injury but later amended the petition to allege SIRVA.

Special Master Hastings, presiding over the prior case, noted the lack of evidence for SIRVA in the medical records and required an expert report for off-Table claims. The petitioner's counsel agreed to obtain an expert report.

However, before filing the expert report, the petitioner voluntarily dismissed case 17-366V on August 14, 2017. In the current case, Ms.

Villafranca sought equitable tolling, arguing that the prior dismissal and the requirement for an expert report constituted discriminatory treatment. Special Master Moran, referencing the case of Machuca v.

Secretary of Health & Human Services, rejected the equitable tolling argument. The Special Master found that the petitioner failed to establish diligence, as she possessed an expert report from Dr.

Mark Levin dated July 17, 2017, for months before filing it in the current petition. The Special Master also found no extraordinary circumstances warranting equitable tolling, noting that the requirement for an expert report was statutorily mandated for off-Table claims and that the petitioner's attorney had not opposed the prior order.

The claim of discriminatory treatment was also rejected. No award was granted.