A.E.S. v. HHS - DPT/DTP, encephalopathy and seizures (1997)

On September 25, 1990, petitioners filed a petition under the Vaccine Act alleging that their son's DPT vaccination resulted in encephalopathy and seizures. The public text does not provide the child's full name, date of birth, vaccination date, onset timeline, treating physicians, expert opinions, or a medical causation analysis.

The Special Master initially required petitioners to file supporting documents by April 19, 1993, and granted extensions through August 21, 1993. When petitioners failed to file, the Special Master issued an order on October 26, 1993, stating the case would be dismissed with prejudice if petitioners did not respond by November 19, 1993.

Petitioners orally requested a further extension, which the Special Master granted, but this extension was not memorialized on the docket or communicated to the Clerk of the Court. Unaware of the oral extension, the Clerk of the Court entered judgment for the respondent on December 6, 1993, based on the show-cause order.

The Special Master vacated this judgment a week later, and the parties proceeded to prepare for trial. In 1996, the respondent moved to dismiss, arguing that the Special Master lacked jurisdiction to vacate the judgment after it had been entered, citing Patton v.

Secretary of Health and Human Services. Special Master Laura D.

Millman agreed and dismissed the case, recommending that petitioners seek review. On February 12, 1997, Judge Christine Odell Cook Miller granted relief.

The court rejected relief under Rule 60(b)(4) and Rule 60(b)(6) but held that Rule 60(a) permitted correction of a clerical mistake. The court found that the October 1993 show-cause order was not self-executing and that the Special Master had orally granted an extension that the Clerk was unaware of.

Therefore, the court vacated the dismissal and remanded the case to the Special Master for further proceedings. The opinion did not decide whether the DPT vaccine caused the alleged injuries or award compensation.