Madelyne Meylor v. HHS - HPV, premature ovarian failure (POI) (2016)

On November 8, 2010, David and Joen Meylor filed a petition for compensation on behalf of their daughter, Madelyne Meylor, alleging that the Human Papillomavirus (HPV) vaccine caused her to develop premature ovarian failure (POI). Madelyne Meylor was born on April 6, 1993, and received three doses of the HPV vaccine on July 26, 2007, November 15, 2007, and August 1, 2008.

The case involved extensive litigation regarding the statute of limitations. Petitioner argued that her POI symptoms began between March and September 2008, making her claim timely.

Respondent contended that the statute of limitations was triggered in the spring of 2007, when Madelyne began experiencing sleep disturbances, insomnia, night sweats, joint pain, and depression, which are recognized symptoms of POI. Special Master Lisa Hamilton-Fieldman agreed with the respondent, finding that these symptoms, which began in the spring of 2007, constituted the first manifestation of her injury.

As this date preceded the filing of her petition by more than three years, the Special Master dismissed the case as time-barred. A prior decision on December 15, 2015, by Special Master Hamilton-Fieldman, awarded Madelyne Meylor $2,329.74 for costs incurred personally, based on a stipulation between the parties.

Petitioner was represented by Mark L. Krueger of Krueger & Hernandez, S.C., and Respondent was represented by Lara Englund of the United States Department of Justice.

The decision regarding entitlement was not issued as the case was dismissed on timeliness grounds.