{"package_id":"USCOURTS-cofc-1_21-vv-00843","decision_granule_id":"USCOURTS-cofc-1_21-vv-00843-0","petitioner_identifier":"Barbara Langburt","is_minor":null,"age_at_vaccination":null,"age_unit_raw":null,"vaccine_type":"influenza","vaccination_date":"2018-12-19","condition_raw":"Guillain-Barré syndrome","condition_category":"GBS","autism_spectrum_adjacent":0,"outcome":"unclear","award_amount_usd":null,"decision_date":"2024-01-31","extraction_version":"gemini-v2","extracted_at":"2026-07-16T21:33:02.947657+00:00","number_of_concurrent_vaccines":null,"dose_number":null,"time_to_onset_days":6,"theory_of_causation":"unclear","is_death":1,"date_of_death":"2020-10-30","petition_filed_date":"2021-02-02","case_summary":"Barbara Langburt received an influenza vaccine on December 19, 2018, and allegedly developed Guillain-Barré syndrome (GBS). Ms. Langburt passed away on October 30, 2020, due to complications of COVID-19, approximately 105 days before her attorney filed a petition for compensation on February 2, 2021. The attorney was unaware of Ms. Langburt's death at the time of filing. Elaine Zuckerman, Ms. Langburt's sister, was appointed personal representative of the estate and substituted as the petitioner. Respondent moved to dismiss the case, arguing that the court lacked jurisdiction because the petition was filed by a deceased person and the estate's representative was not appointed until after the statute of limitations had expired. The court denied the motion to dismiss, finding that the petition, though defective, was filed within the statute of limitations and that the defect could be cured through equitable tolling. The court reasoned that the remedial nature of the Vaccine Act and the petitioner's diligent efforts to be appointed as the estate's representative justified allowing the claim to proceed. The court tolled the limitations period from October 20, 2021, when the substitution was first attempted, to February 7, 2022, when it was accomplished, rendering the February 2022 filing timely. The case is ongoing, with the respondent ordered to file a status report on how they intend to proceed.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":null,"petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":null,"petitioner_attorney_firm":null,"petitioner_attorney_location":null,"adjudicator_name":"Brian H. Corcoran","caption_people_backfilled_at":"2026-07-17 09:43:16","attorney_canonical_keys":null,"firm_canonical_key":null,"date_of_birth":null,"vaccine_type_canonical":"Influenza","condition_category_specifics":null,"fees_and_costs_usd":null,"attorney_unavailable_reason":"not_in_source","is_fees_only":null,"decision_type":"reasoned","decision_type_source":"manual","package_title":"ZUCKERMAN v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00843","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00843.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00843.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_21-vv-00843-0","title":"ZUCKERMAN v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC ORDER/RULING (Originally filed: 01/31/2024) regarding 34 Motion to Dismiss, (Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.","date_issued":"2024-03-04","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_21-vv-00843/granules/USCOURTS-cofc-1_21-vv-00843-0/pdf","pdf_bytes":296083,"triage_decision":"keep","triage_reason":"keep [recovered-absent-case-2026-07-16] orig-skip: docketText matches skip keyword 'motion'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_21-vv-00843/USCOURTS-cofc-1_21-vv-00843-0"}]}