This morning, the Federal Circuit released two nonprecedential opinions and one nonprecedential order dismissing an appeal. One of the opinions comes in a pro se appeal of a decision of the Merit Systems Protection Board, and the other comes in an appeal of a decision of the Court of Federal Claims. Here are the introductions to the opinions and a link to the dismissal.
Farley v. Merit Systems Protection Board (Nonprecedential)
Pro se appellant Byron C. Farley challenges a final order of the Merit Systems Protection Board dismissing his appeal as untimely and not subject to equitable tolling. We affirm.
Herms v. Secretary of Health and Human Services (Nonprecedential)
Sally Herms filed a petition in the Court of Federal Claims (“the Claims Court”) for compensation under the National Vaccine Injury Compensation Program (“the Vaccine Act” or “the Program”), 42 U.S.C. §§ 330aa-10 to 330aa-34. She claimed that the diphtheria tetanus toxoid acellular pertussis (“DTaP”) vaccination she received caused sensorineural hearing loss (“SNHL”) and tinnitus in her left ear. The special master denied her claim, and the Claims Court affirmed that decision. See Herms v. Sec’y of Health & Hum. Servs., No. 19-70V, 2024 WL 1340669 (Fed. Cl. Spec. Mstr. Mar. 4, 2024) (Special Master Decision), aff’d, 173 Fed. Cl. 1 (2024) (Claims Court Decision); see also J.A. at 666–700; J.A. at 1–19. We affirm.