Hayden Goetz v. HHS - DPT, encephalopathy or other brain damage (1999)

Hayden Goetz, born May 14, 1993, received his first DPT vaccination on July 6, 1993. Following this vaccination, he experienced a high fever and swelling at the injection site.

His parents administered Tylenol and Motrin as advised by a pediatrician. Hayden received a second DPT shot on August 31, 1993, which again caused elevated temperature and injection site redness and swelling.

He also exhibited high-pitched screaming and became listless and disinterested in the following days. A third DPT injection on November 19, 1993, resulted in a fever of 101 degrees, and his father noted a general decline in his son's health thereafter.

Hayden began showing signs of developmental delay in the months and years following the vaccinations. Petitioners assert that Dr.

Alan Lieberman was the first physician to suggest a vaccine link in August 1997. Hayden's parents filed their petition on March 12, 1999.

The court affirmed the Special Master's decision, dismissing the claim because it was filed outside the three-year statute of limitations. The court found that the statute of limitations began to run from the first symptom or manifestation of the onset or significant aggravation of the injury, not from the date the vaccine link was identified.

The court also rejected the argument for equitable tolling, finding that the petitioners did not demonstrate sufficient diligence and that the alleged misdiagnoses did not constitute adversary misconduct sufficient to warrant tolling. The public decision does not describe the specific symptoms or tests that led to the developmental delay diagnosis, nor does it name the attorneys for the petitioners or respondent, or the Special Master.