Decision of the Court of Federal Claims affirming its Special Master's rejection of a petition for compensation under the National Childhood Vaccine Injury Act is affirmed where: 1) Markovich controls this case and under it the Chief Special Master correctly dismissed the petition as untimely; and 2) the grounds upon which plaintiff seeks to distinguish or avoid Markovich are unpersuasive, as plaintiff's petition was filed more than thirty-six months after the occurrence of the first symptom of the child's injury.
Appealed from: United States Court of Federal Claims
Decided January 27, 2010
Opinion by Friedman, Circuit Judge
For Appellee: Traci R. Patton, US Department of Justice, Torts Branch