Bruce A. Ling, Jr. v. Secretary of Health and Human Services

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
BRUCE A. LING, JR.,
Petitioner-Appellant
v.
SECRETARY OF HEALTH AND HUMAN
SERVICES,
Respondent-Appellee
______________________
2026-1226
______________________
Appeal from the United States Court of Federal Claims
in No. 1:24-vv-01899-UNJ.
______________________
ON MOTION
______________________
Before TARANTO, MAYER, and STARK, Circuit Judges.
PER CURIAM.
O R D E R
Bruce A. Ling, Jr. moves for leave to proceed in forma
pauperis. The Secretary of Health and Human Services
moves to dismiss his appeal. Mr. Ling opposes dismissal.
On August 12, 2025, the special master dismissed Mr.
Ling’s petition for compensation under the National
Case: 26-1226 Document: 11 Page: 1 Filed: 02/18/2026

-- 1 of 3 --

LING v. HHS 2
Vaccine Injury Compensation Program (“Vaccine Act”) as
time barred. On September 15, 2025, he moved for recon-
sideration of that decision, which was denied on September
22, 2025. On September 22, 2025, having received no mo-
tion for review from Mr. Ling, the United States Court of
Federal Claims entered judgment pursuant to 42 U.S.C.
§ 300aa-12(e)(3). Mr. Ling then filed this appeal.
The statutory scheme governing Vaccine Act cases
“makes appeal to the Court of Federal Claims a prerequi-
site for appeal to this court.” Grimes v. Sec’y of Dep’t of
Health & Hum. Servs., 988 F.2d 1196, 1198 (Fed. Cir.
1993); see 42 U.S.C. § 300aa-12(e), (f); Mahaffey v. Sec’y of
Health & Hum. Servs., 368 F.3d 1378, 1382 (Fed.
Cir. 2004). Because Mr. Ling did not first seek review at
the Court of Federal Claims, we agree with the government
that his appeal cannot proceed before this court.
We will transmit his filings to the Court of Federal
Claims for that court to consider whether Mr. Ling’s notice
of appeal (or, alternatively, his previous motion for recon-
sideration) can be construed as a motion for review under
42 U.S.C. § 300aa-12(e)(1).
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted to the extent that the appeal
is dismissed.
(2) The Clerk of Court is directed to transmit a copy of
this order and ECF Nos. 1, 6, and 8 to the United States
Court of Federal Claims for further proceedings consistent
with this order.
Case: 26-1226 Document: 11 Page: 2 Filed: 02/18/2026

-- 2 of 3 --

LING v. HHS 3
(3) Each side shall bear its own costs.
February 18, 2026
Date
FOR THE COURT
Case: 26-1226 Document: 11 Page: 3 Filed: 02/18/2026

-- 3 of 3 --