Legal Opinion

Hodge v. Secretary of Health and Human Services

United States Court of Federal Claims

Decided September 30, 2015No. 09-453VPublishedCited by 7 opinions

1Opinion of the Court

Vaccine Act; Motion for Review; Statute of Limitations; Equitable Tolling; Mental Illness; Remand

OPINION AND ORDER

SWEENEY, Judge

Petitioner J.H. filed a petition under the National Childhood Vaccine Injury Act of 1986 (“Vaccine Act”), 42 U.S.C. •§§ 300aa-l to -34 (2012), alleging that he was injured as a result of his hepatitis A and hepatitis B vaccinations. The special master dismissed the petition, holding that petitioner’s claim was barred by the statute of limitations and was not subject to equitable tolling. In his motion for review, petitioner concedes that his claim is time-barred, but…

2Cases cited18 opinions

  1. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  2. Holland v. FloridaSupreme Court of the United States · 2010
  3. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  4. Cybor Corporation v. Fas Technologies, Inc., and Fastar Ltd., Defendants-CrossCourt of Appeals for the Federal Circuit · 1998
  5. Lisa Munn, Personal Representative of the Estate of Chelsea Vukelich v. The Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1992

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3Cited by7 opinions

  1. C v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2021
  2. Falzon v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2023
  3. Hodge v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2017
  4. Hodge v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2022
  5. Hodge v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2016

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