Olivia Meylor v. HHS - HPV, Premature Ovarian Failure (POF) / Primary Ovarian Insufficiency (POI) (2016)
Case summary [AI summaries can sometimes make mistakes]
Olivia Meylor, born May 8, 1994, received her first HPV vaccine on July 6, 2007, at age 13. Her parents filed a petition on her behalf on November 8, 2010, alleging that the HPV vaccines caused her to develop premature ovarian failure (POF), later referred to as primary ovarian insufficiency (POI).
The case progressed through multiple stages, including interim attorney fee awards totaling $119,900 in March 2014 and a costs award of $2,329.74 in December 2015. The central issue became the statute of limitations, which requires claims to be filed within 36 months of the first symptom or manifestation of the injury.
Petitioner's experts and medical literature suggested that symptoms like depression, sleep disturbances, anxiety, and joint pain could be early indicators of POI. The court found that Olivia experienced such symptoms approximately ten days after her first HPV vaccination in July 2007.
Because this date preceded the statute of limitations deadline of November 8, 2007, the court dismissed Olivia Meylor's petition as time-barred on June 6, 2016.
Theory of causation
Petitioner Olivia Meylor, born May 8, 1994, received her first HPV vaccine on July 6, 2007. She alleged that the HPV vaccine caused her to develop Primary Ovarian Insufficiency (POI). The petition was filed on November 8, 2010. The Special Master determined that the statute of limitations required claims to be filed within 36 months of the first symptom or manifestation of the injury. Petitioner's experts, Dr. Yehuda Shoenfeld and Dr. Felice Gersh, and medical literature indicated that symptoms such as depression, sleep disturbances, anxiety, and joint pain could be early indicators of POI. The Special Master found that Olivia Meylor experienced these symptoms approximately ten days after her first HPV vaccination on July 6, 2007. This date preceded the statute of limitations deadline of November 8, 2007. Therefore, the Special Master dismissed the petition as time-barred on June 6, 2016. Petitioner was awarded interim attorneys' fees and costs totaling $119,900 in March 2014 and a costs award of $2,329.74 in December 2015. Petitioner's counsel was Mark Krueger. Respondent's counsel was Lara Englund. Special Master was Lisa Hamilton-Fieldman.