Bono v. Secretary of Health & Human Services

MEMORANDUM OPINION AND ORDER

MILLER, Judge.

Before the court, after argument on review of a decision dismissing a claim, is the issue whether the medical community’s recognition of a symptom, as related to a vaccine injury or illness, is a precondition to commence the limitations period under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-l-800aa-34 (2006) (the “Vaccine Act”). Not novel in the context of binding precedent, the issue is examined anew because the first symptoms of autism were not recognized as connected with the injury until long after the infant in this case…