As provided by Vaccine Rule 18(b), each party has 14 days within which to request
1
redaction “of any information furnished by that party (1) that is trade secret or commercial or
financial information and is privileged or confidential, or (2) that are medical files and similar files
the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b). Otherwise, “the entire decision” will be available to the public. Id.
The statutory provisions governing the Vaccine Program are found in 42 U.S.C. §§ 300aa-
2
(continued...)
OFFICE OF SPECIAL MASTERS
(Filed: August 31, 2007)
PUBLISH
__________________________________________
JULIO ACEVEDO and YLUMINADA MOJICA,
)
as legal representatives of their son,
)
JOSHUA ACEVEDO,
)
)
Petitioners,
)
)
v.
)
No. 07-0501V
)
Statute of Limitations; Doctrine
SECRETARY OF
)
of Equitable Tolling; Special Master’s
HEALTH AND HUMAN SERVICES,
)
Authority; Dismissal
)
Respondent.
)
__________________________________________)
Mindy Michaels Roth, Esq., Glen Rock, New Jersey, for petitioners
Heather Pearlman, Esq., United States Department of Justice, Washington, D.C., for respondent
EDWARDS, Special Master
DECISION1
Petitioners, Julio Acevedo and Yluminada Mojica (Mr. Acevedo and Ms. Mojica), as legal
representatives of their son, Joshua Acevedo (Joshua), seek compensation under the National
Vaccine Injury Compensation Program (Program). See generally Petition (Pet.). Respondent
2
(...continued)
2
10 et seq. For convenience, further reference will be to the relevant section of 42 U.S.C.
Section 300aa-16(a)(2) provides:
3
In the case of–
a vaccine set forth in the Vaccine Injury Table which
is administered after October 1, 1988, if a vaccine-
related
injury occurred as a result of
the
administration of such vaccine, no petition may be
filed for compensation under the Program for such
injury after the expiration of 36 months after the date
of the occurrence of the first symptom or
manifestation of onset or of the significant
aggravation of