Adrienne Falzon, As Legal Representative of v. Secretary of Health and Human Services

N OTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ADRIENNE FALZON, AS LEGAL
REPRESENTATIVE OF AND ADMINISTRATOR OF
THE ESTATE OF PAUL GIACCIO,
Petitioner-Appellant
v.
SECRETARY OF HEALTH AND HUMAN
SERVICES,
Respondent-Appellee
______________________
2023-1659
______________________
Appeal from the United States Court of Federal Claims
in No. 1:21-vv-01082-EMR, Judge Eleni M. Roumel.
______________________
Decided: July 15, 2024
______________________
D AVID G REGORY ROGERS , Rogers, Hofrichter & Karrh,
LLC, Fayetteville, GA, argued for petitioner-appellant.
VORIS EDWARD J OHNSON, J R., Torts Branch, Civil Divi-
sion, United States Department of Justice, Washington,
DC, argued for respondent-appellee. Also represented by
BRIAN M. B OYNTON, C. SALVATORE D’A LESSIO, T RACI
P ATTON, HEATHER L YNN P EARLMAN.
Case: 23-1659 Document: 32 Page: 1 Filed: 07/15/2024

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FALZON v. HHS 2
______________________
Before M OORE, Chief Judge, L OURIE and STARK, Circuit
Judges.
MOORE, Chief Judge.
Petitioner Adrienne Falzon, legal representative and
administrator of the estate of Paul Giaccio, appeals a deci-
sion from the United States Court of Federal Claims sus-
taining a special master’s dismissal of her Petition for
Compensation pursuant to 42 U.S.C. § 300aa-10 et seq. as
time barred. A petition was required to be filed within 24
months of Mr. Giaccio’s death. 42 U.S.C. § 300aa-16(a)(3).
Petitioner filed 119 days after the deadline. Petitioner ar-
gued equitable tolling should apply for various periods of
time, which would render the petition timely. While we
sympathize with Petitioner and Petitioner’s counsel, even
crediting Petitioner with equitable tolling for the illness of
counsel and counsel’s father, we nonetheless agree with the
Court of Federal Claims that Petitioner has not established
circumstances warranting equitable tolling for the re-
quired 119 days to make the petition timely. We affirm.
AFFIRMED
COSTS
No costs.
Case: 23-1659 Document: 32 Page: 2 Filed: 07/15/2024

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