O'Connell v. HHS - MMR, chronic arthritis (2004)

Petitioner O'Connell received a rubella vaccination on or about October 20, 1993, while serving in the U.S. Marine Corps.

He alleged that this vaccination caused chronic arthritis, with symptoms beginning around November 1, 1993. His petition for compensation under the National Vaccine Injury Compensation Program was filed on October 8, 1997.

The special master dismissed the petition as untimely, noting that the standard filing deadline had expired on or about November 1, 1996. Petitioner argued that the petition was timely under the statute's 'savings provision,' which extends the deadline following revisions to the Vaccine Injury Table.

The special master found that while a 1995 revision adding chronic arthritis to the Table extended the deadline to March 10, 1997, petitioner's filing on October 8, 1997, was still untimely. Petitioner's argument that a subsequent 1997 revision further extended the deadline was rejected because he did not provide evidence of receiving a rubella vaccine form not covered by the 1995 Table.

Petitioner also argued for equitable tolling of the statute of limitations, but the court affirmed the special master's decision that equitable tolling is not applicable to post-Act cases, citing the Federal Circuit's ruling in Brice v. Secretary of Health & Human Services.

The court also found that the special master did not abuse his discretion by deferring the equitable tolling ruling or by the case's procedural delays, many of which were requested by the petitioner. Ultimately, the court affirmed the special master's decision dismissing the petition for lack of jurisdiction due to untimeliness.