Legal Opinion

Mojica v. Secretary of Health & Human Services

United States Court of Federal Claims

Decided December 14, 2011No. 07-501VPublishedCited by 5 opinions

1Opinion of the Court

OPINION AND ORDER1

LETTOW, Judge.

Four years ago, this court affirmed a special master’s decision dismissing a vaccine claim by petitioners because the claim was filed several days after the applicable statute of limitations had expired. Mojica v. Secretary of Health & Human Servs., 79 Fed.Cl. 633 (2007), aff'd, 287 Fed.Appx. 103 (Fed.Cir.2008), cert. denied sub nom. Mojica v. Sebelius, - U.S. -, 129 S.Ct. 2455, 174 *97L.Ed.2d 227 (2009). Petitioners’ failure to meet the filing deadline was attributable to errors by Federal Express, which twice lost their petition while transporting it to the…

2Cases cited53 opinions

  1. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  2. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  3. Gonzalez v. CrosbySupreme Court of the United States · 2005
  4. Agostini v. FeltonSupreme Court of the United States · 1997
  5. Liljeberg v. Health Services Acquisition Corp.Supreme Court of the United States · 1988

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3Cited by5 opinions

  1. Wagstaff v. United StatesUnited States Court of Federal Claims · 2014
  2. Begley v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2017
  3. Chitlik v. HhsCourt of Appeals for the Federal Circuit · 2026
  4. Hodge v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2016
  5. Rodriguez v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2019

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