{"package_id":"USCOURTS-cofc-1_90-vv-02510","decision_granule_id":"USCOURTS-cofc-1_90-vv-02510-cl6644877","petitioner_identifier":"Jamie J. Burton","is_minor":1,"age_at_vaccination":0.38,"age_unit_raw":"years","vaccine_type":"DPT","vaccination_date":"1973-05-14","condition_raw":"seizure disorder","condition_category":"seizure_disorder","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"1993-09-30","extraction_version":"gemini-v2","extracted_at":"2026-04-30T14:09:22.492842+00:00","number_of_concurrent_vaccines":null,"dose_number":null,"time_to_onset_days":0,"theory_of_causation":"The petition alleged that Jamie J. Burton, vaccinated with DTP on May 14, 1973, developed a seizure disorder within 24 hours, leading to continuous seizures for 17 years and her death on August 21, 1990, from positional asphyxiation. The initial petition was filed on October 1, 1990, under the fictitious name Roy Anthony Stevens by attorney John R. Brydon, who had not been retained by any client. An amended petition substituting the Burtons for Jamie J. Burton was filed on August 21, 1992. The Special Master and the Court of Federal Claims dismissed the case as untimely, finding that the original petition was a fraudulent filing under a fictitious name and that the amended petition did not relate back to the original filing date. The court held that the Vaccine Act's filing deadlines are jurisdictional and that neither relation back nor equitable tolling applied, as the original petition provided no notice of a real claim. No medical experts or specific causation mechanisms were discussed in the public decision, as the case was dismissed on procedural grounds. No award was made.","is_death":1,"date_of_death":"1990-08-21","petition_filed_date":"1990-10-01","case_summary":"On October 1, 1990, attorney John R. Brydon filed a petition in the United States Court of Federal Claims under the fictitious name Roy Anthony Stevens, alleging injuries from Diphtheria-Tetanus-Toxoid-Pertussis (DTP), Mumps-Measles-Rubella (MMR), and/or Polio vaccines, resulting in seizure disorders, encephalopathy, hypotonic-hyporesponsive collapse, and/or polio. The petition stated that the petitioner's true identity was unknown and would be amended later. Counsel also filed a sworn declaration asserting belief in a valid claim but inability to identify the petitioner or obtain timely legal representation. On August 21, 1992, counsel filed a First Amended Petition, substituting David K. Burton and Jo E. Burton as legal representatives for their deceased minor child, Jamie J. Burton. The amended petition alleged Jamie received a DTP vaccine on May 14, 1973, experienced fever and seizures within 24 hours, suffered continuous seizures for seventeen years, and died on August 21, 1990, from positional asphyxiation related to her seizure disorder. Petitioners claimed Jamie's death was an \"on table\" injury due to the seizure disorder manifesting within 24 hours of vaccination. Special Master Elizabeth Wright dismissed the petition on August 31, 1993, finding the original filing under a fictitious name to be a fraudulent attempt to circumvent the Vaccine Act's filing deadline. The Special Master noted that the Federal Rules of Civil Procedure did not apply to Vaccine Act proceedings and rejected the argument that the amended petition should relate back to the original filing or that equitable tolling should apply. The Special Master found the jurisdictional requirements of the Vaccine Act could not be liberally construed and that the amended petition, filed after the statutory deadline, was untimely. Petitioners moved for reconsideration, arguing that the amended petition should relate back under Federal Rules of Civil Procedure 15(c) and 17(a) or that equitable tolling should apply due to lack of awareness of the program. The Special Master denied this motion, reiterating that the Federal Rules of Civil Procedure were inapplicable and that the Vaccine Act's filing deadline was a jurisdictional requirement. On September 30, 1993, petitioners sought review in the United States Court of Federal Claims. The court affirmed the Special Master's decision, holding that the original petition was a fictitious filing and that the amended petition was untimely. The court found that the Vaccine Act's filing deadlines are jurisdictional and cannot be waived, and that neither the doctrine of relation back nor equitable tolling applied because the original petition provided no actual notice of a real claim and was based on fictitious facts. The court concluded that attorney John R. Brydon's attempt to file generic petitions under fictitious names to preserve claims was an improper attempt to circumvent statutory filing deadlines. No ruling was made on the merits of the alleged vaccine injury or death, and no compensation was awarded.","is_minor_inferred":0,"is_pediatric_broad":1,"special_master":"Elizabeth E. Wright","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"John R. Brydon","petitioner_attorney_firm":null,"petitioner_attorney_location":null,"adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|john-brydon|","firm_canonical_key":null,"package_title":"Stevens v. Secretary of Department of Health & Human Services","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_90-vv-02510","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_90-vv-02510.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_90-vv-02510.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_90-vv-02510-cl6644877","title":"Stevens v. Secretary of Department of Health & Human Services","docket_text":"lead-opinion","date_issued":"1994-02-25","pdf_url":"https://www.courtlistener.com/opinion/6762143/stevens-v-secretary-of-department-of-health-human-services/","pdf_bytes":null,"triage_decision":"keep","triage_reason":"recovered via CL opinion 6644877 (html_with_citations)","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_90-vv-02510/USCOURTS-cofc-1_90-vv-02510-cl6644877"}]}