Jones v. Secretary of Health & Human Services

78 Fed. Cl. 403, 2007 U.S. Claims LEXIS 288, 2007 WL 2705867
CourtUnited States Court of Federal Claims
DecidedAugust 29, 2007
DocketNo. 07-313V
StatusPublished
Cited by2 cases

This text of 78 Fed. Cl. 403 (Jones v. Secretary of Health & Human Services) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jones v. Secretary of Health & Human Services, 78 Fed. Cl. 403, 2007 U.S. Claims LEXIS 288, 2007 WL 2705867 (uscfc 2007).

Opinion

OPINION AND ORDER

HEWITT, Judge.

Petitioner, appearing pro se, seeks review in the United States Court of Federal Claims of the Special Master’s dismissal of his Petition for Compensation (Petition or Pet.) filed May 21, 2007 under the National Vaccine Injury Compensation Program (Vaccine Act), 42 U.S.C. §§ 300aa-l to -34 (2000 & Supp. II 2003).

I. Background

In the Petition filed May 21, 2007, petitioner alleges that a diphtheria-tetanus booster vaccination received by petitioner on June 2, 2003 caused him a variety of health problems, including “swelling of his mouth, tongue, and sinuses making it hard eat, drink, or breathe.” Pet. 1. Petitioner further alleges to have begun “to experience discomfort and allergic symptoms within hours of the immunization----” Pet. 1. Petitioner also requests that the “timely filing statute be waived given the severity, extent, and duration of his injuries and the fact that the state has in fact acted to delay and deny his claims and to obstruct justice in his cases.” Pet. 9.

The Special Master dismissed petitioner’s claim as barred by the statute of limitations. Jones v. Sec’y of Health & Human Servs. (Decision), No. 07-313V, slip, op., at 2-3 (Fed.Cl.Spec.Mstr. May 23, 2007). The Special Master held that he lacked jurisdiction because the Petition was filed after the thirty-six month statutory deadline for timely filing had expired. Decision 2 (citing 42 U.S.C. § 300aa-16(a)(2)). The Special Master rejected petitioner’s argument that the statute of limitations should be waived, stating that the Special Master lacks authority to waive the statute of limitations contained in Title 42 Section 300aa-16(a)(2) of the United States Code. Id. at 2 (citing Johns-Manville Corp. v. United States, 893 F.2d 324, 327 (Fed.Cir.1989) (holding that the only thing a court can do if it has no jurisdiction over a claim is dismiss the claim)). The Special Master also addressed the availability of the relief of equitable tolling,1 but held that, as a matter of law, equitable tolling is not available to claims arising under the Vaccine Act. Id. at 2 (citing Brice v. Sec’y of Health & Human Servs., 240 F.3d 1367, 1370-75 (Fed. Cir.2001)) (holding that because the Vaccine Act is part of a detailed statutory scheme with strict deadlines and includes specific exceptions to the thirty-six month deadline equitable tolling is not available to claims arising under the Vaccine Act), cert. denied, 534 U.S. 1040, 122 S.Ct. 614, 151 L.Ed.2d 538 (2001).2

In accordance with 42 U.S.C. § 300aa-12(e)(1) and Rule 23 of Appendix B (App.B) of the Rules of the United States Court of Federal Claims (RCFC), petitioner timely filed this appeal on June 22, 2007. Now before the court is petitioner’s Motion for Review and Objections (petitioner’s motion or Mot.), filed June 22, 2007. On appeal, petitioner claims that timely filing of his peti[405]*405tion was not possible due to the nature of his injuries and additional ongoing legal proceedings that prevented him from filing the petition within the time allowed pursuant to 42 U.S.C. § 300aal6(a)(2). Mot. 1-2. Respondent timely filed Respondent’s Response to Petitioner’s Motion for Review on July 18, 2007. See RCFC App. B, Rule 23; 42 U.S.C. § 300aa-12(e)(l).

II. Discussion

A. Standard of Review

When deciding a motion for review of a special master’s decision in a case arising under the Vaccine Act, this court may “set aside any findings of fact or conclusions of law of the special master found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law____”42 U.S.C. § 300aa-12(e)(2)(B). Petitioner in this case is not contesting the factual findings contained in the Decision of the Special Master but only the conclusion of law regarding the authority of the Special Master to waive the statute of limitations or apply the doctrine of equitable tolling. See Mot. passim. The court reviews conclusions of law under the “not in accordance with the law” standard. See Munn v. Sec’y of Health & Human Servs., 970 F.2d 863, 870 n. 10 (Fed.Cir. 1992).

When interpreting and applying the statute of limitations provision in the Vaccine Act, the court is bound by “sovereign immunity” principles of statutory construction. See Stone Container Corp. v. United States, 229 F.3d 1345, 1352 (Fed.Ch.2000) (“A statute of limitations is a condition on the waiver of sovereign immunity by the United States. Although courts ‘should not construe such a time-bar provision unduly restrictively, [they] must be careful not to interpret it in a manner that would extend the waiver beyond that which Congress intended.’ ”) (quoting Block v. North Dakota, 461 U.S. 273, 287, 103 S.Ct. 1811, 75 L.Ed.2d 840 (1983)) (alteration in original). The Vaccine Act is an express waiver of sovereign immunity in cases where a person suffers a vaccine related injury or death. See Markovich v. Sec’y of Health & Human Sens., 477 F.3d 1353, 1360 (Fed.Cir. 2007). Because petitioner’s claim “against the United States implicates its sovereign immunity from suit, the alleged jurisdictional grant must be narrowly construed.” Martin ex. rel. Martin v. Sec’y of Health & Human Servs., 62 F.3d 1403, 1405 (Fed.Ch.1995) (citing Hart v. United States, 910 F.2d 815, 817 (Fed.Ch.1990)). The terms of the United States’ waiver of sovereign immunity, including any statute of limitations, therefore define the extent of the court’s jurisdiction. See United States v. Sherwood, 312 U.S. 584, 586, 61 S.Ct. 767, 85 L.Ed. 1058 (1941) (citing Minnesota v. United States, 305 U.S. 382, 59 S.Ct. 292, 83 L.Ed. 235 (1939)).

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78 Fed. Cl. 403, 2007 U.S. Claims LEXIS 288, 2007 WL 2705867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-secretary-of-health-human-services-uscfc-2007.