Case: 12-5153 Document: 11 Page: 1 Filed: 03/06/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
HOURIA HRIECHE, INDIVIDUALLY AND AS NEXT
FRIEND OF, BRIANNA LOPEZ, A MINOR,
Petitioners-Appellants,
v.
SECRETARY OF HEALTH AND HUMAN
SERVICES,
Respondent-Appellee.
__________________________
2012-5153
__________________________
Appeal from the United States Court of Federal
Claims in case no. 03-VV-1483, Chief Special Master
Patricia E. Campbell-Smith.
__________________________
ON MOTION
__________________________
Before NEWMAN, LOURIE, and REYNA, Circuit Judges.
PER CURIAM.
ORDER
The Secretary of Health and Human Services (Secre-
tary) moves to dismiss this appeal.
Case: 12-5153 Document: 11 Page: 2 Filed: 03/06/2013
HOURIA HRIECHE V. SECRETARY OF HEALTH AND HUMAN 2
Brianna Lopez was born on May 8, 1998, and received
vaccinations between May 21, 1998 and April 8, 2004. The
first symptom or manifestation of onset of her alleged
vaccine-related injury occurred on or about December 29,
1999. On June 12, 2003, Houria Hrieche filed a petition for
compensation under the Childhood Vaccine Injury Act of
1986, 42 U.S.C. §§ 300aa-1 to -34 (Vaccine Act) on behalf of
Brianna.
On May 31, 2012, the Chief Special Master issued a
decision finding that the claim was untimely filed. The
Chief Special Master’s decision noted that the Vaccine Act
requires a claim be filed within 36 months after the date of
the occurrence of the first symptom or manifestation of
onset or of the significant aggravation of such injury. And
because Hrieche filed her petition outside of that time
period, the claim was dismissed.
After the 30-day period prescribed for filing a motion
for review by the United States Court of Federal Claims
passed, the clerk of that court entered judgment on July 3,
2012. Hrieche’s notice of appeal was received on Septem-
ber 20, 2012.
It is well settled that under the Vaccine Act if a party
does not timely appeal from an adverse ruling of the spe-
cial master that party has waived appeal to both the
United States Court of Federal Claims and this court.
Grimes v. Dep’t of Health & Human Servs., 988 F.2d 1196,
1198 (Fed. Cir. 1993) (“If a party does not comply with the
thirty-day limit, the clerk’s entry of judgment ends the
matter.”); see also Mahaffeey v. Sec’y of Health & Human
Servs., 368 F.3d 1378, 1380-82 (Fed. Cir. 2004). Because
Hrieche did not file a timely motion for review in the Court
Case: 12-5153 Document: 11 Page: 3 Filed: 03/06/2013
3 HOURIA HRIECHE V. SECRETARY OF HEALTH AND HUMAN
of Federal Claims, she has waived appeal to both this court
and the United States Court of Federal Claims. 1
Accordingly,
IT IS ORDERED THAT:
(1) The Secretary’s motion is granted. The appeal is
dismissed.
(2) Each side shall bear its own costs.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
s26
ISSUED AS A MANDATE: March 6, 2013
1 The Secretary also correctly points out that even if
Hrieche could appeal to this court, her appeal would be
untimely because it was not filed within 60 days from the
date of entry of judgment in the Court of Federal Claims.
We agree. See Fed. R. App. P. 4(a)(1), Bowles v. Russell,
551 U.S. 205 (2007).