Chitlik v. Hhs

Summary

The Federal Circuit reversed the special master's finding that a pro se Vaccine Act petitioner who mailed his petition by certified first-class mail ten days (eight business days) before the limitations deadline failed to exercise reasonable diligence, holding that equitable tolling requires a case-by-case analysis of all relevant circumstances and that demanding a 'guaranteed' delivery service or tracking-based monitoring imposes more than reasonable diligence. It vacated the special master's categorical finding that a delay in regular mail cannot be an extraordinary circumstance, concluding that USPS's delayed delivery could qualify under the totality of circumstances. The case was remanded for the Court of Federal Claims to assess extraordinary circumstances in the first instance, including whether additional extraordinary-circumstance arguments were waived. No separate opinions were filed.