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K.G. v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 18-120V.

K.G., Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Federal Claims.

March 6, 2019.

Editors Note
Applicable Law: 42 U.S.C. § 300
Cause: 42 U.S.C. § 300 Vaccine Injury Act
Nature of Suit: 469 Injury - Other
Source: PACER

Attorney(s) appearing for the Case

K. G., Petitioner, represented by Zachary James Hermsen, Whitfield & Eddy Law.

SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent, represented by Voris Edward Johnson, U. S. Department of Justice Vaccine/Torts Branch, Civil Division.

OPINION AND ORDER

This Vaccine Act case presents a novel issue of statutory interpretation: whether the statute of limitations may be tolled during the timeframe when a petitioner who lacks mental capacity, has a legal guardian. The Special Master determined that there was no basis to toll the...

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