Donnie Yinger v. HHS - Td/Tetanus, other (2025)

Donnie Yinger filed a petition on May 15, 2024, alleging harm from a tetanus vaccine. The petition stated that a civil action was currently pending.

The Secretary of Health and Human Services moved to dismiss the case for lack of subject matter jurisdiction, citing the Vaccine Act's prohibition against filing a petition when a civil action is already pending. Mr.

Yinger consented to the dismissal, provided it was without prejudice. Special Master Christian J.

Moran granted the dismissal without prejudice, noting that Mr. Yinger accepted that the court lacked jurisdiction because the petition was filed while a civil action was pending.

The Special Master explained that Mr. Yinger may file another petition within one year of the dismissal of the civil action, and he may use May 15, 2024, as the effective filing date for that second petition.

The case was dismissed solely on jurisdictional grounds and did not address the merits of the vaccine injury claim. Petitioner counsel was Maximillian J.

Muller. Respondent counsel was Rachelle P.

Bishop.