Cynthia M. Morris Sabin v. HHS - Influenza, narcolepsy with cataplexy (2014)

Cynthia M. Morris Sabin, appearing pro se, filed a petition on August 29, 2013, seeking compensation from the National Vaccine Injury Compensation Program.

She alleged that she received a "trivalent H1N1 AS03 Influenza vaccination" on November 3, 2009, which caused her to develop narcolepsy with cataplexy. Medical records indicated that on November 3, 2009, Ms.

Morris Sabin actually received two vaccinations: a monovalent H1N1 vaccine and a seasonal trivalent influenza vaccine. Her first symptoms of narcolepsy appeared by December 23, 2009, when she sought medical attention for fatigue, confusion, dizziness, and headaches.

A neurologist suggested narcolepsy with cataplexy on January 5, 2010. The Secretary of Health and Human Services moved to dismiss the petition on two grounds.

First, the monovalent H1N1 vaccine administered in 2009 is not listed on the Vaccine Injury Table and therefore is not compensable under the program. Second, to the extent the petition was based on the trivalent seasonal influenza vaccine, it was filed more than 36 months after the first manifestation of injury (symptoms by December 23, 2009; petition filed August 29, 2013), making it untimely under the statute of limitations.

Ms. Morris Sabin argued for equitable tolling, citing her lack of awareness of the H1N1/narcolepsy link and the existence of a doctor-patient fiduciary relationship.

Special Master Christian J. Moran rejected these arguments, finding her lack of awareness analogous to the situation in Cloer v.

Sec'y of Health & Human Servs., which did not justify equitable tolling, and that no fiduciary relationship between the government and the petitioner had been established. The petition was dismissed.