Meghan McSherry v. HHS - HPV, Premature Ovarian Failure (POF) / Primary Ovarian Insufficiency (POI) (2016)

Meghan McSherry, born August 30, 1987, filed a petition on February 27, 2014, alleging that the Human Papillomavirus (HPV) vaccine, administered on October 26, 2007, August 15, 2008, and June 15, 2011, caused her to develop Primary Ovarian Insufficiency (POI). The respondent contended that the petition was untimely filed.

The Special Master, Lisa Hamilton-Fieldman, reviewed the case, which was part of an omnibus proceeding to determine the first symptom or manifestation of POI onset for statute of limitations purposes. Petitioner's medical history indicated menarche in October 1999, followed by regular menstruation for six months, after which she menstruated only once every three months.

In August 2002, a doctor noted a history of irregular menstrual cycles. Petitioner began hormonal oral contraceptive pills (OCPs) and resumed monthly bleeding.

Her cycle became irregular again in the fall of 2003, and she experienced amenorrhea from October 2004 to January 2005. Her treating physician noted irregular menses or amenorrhea since early 2000 and an elevated FSH level, diagnosing secondary amenorrhea due to estrogen deficiency.

In July 2007, she reported irregular bleeding despite OCPs. She received the first HPV vaccine in October 2007, the second in August 2008, and the third in June 2011.

In September 2012, she reported irregular cycles and hirsutism, and a physician diagnosed POI based on an elevated FSH level. A subsequent exam on November 26, 2013, confirmed the POI diagnosis.

The Special Master applied the statute of limitations, which requires claims to be filed within 36 months of the first symptom or manifestation of onset. The court considered medical literature, including an American College of Obstetricians and Gynecologists (ACOG) opinion, to define "normal" menstrual irregularities versus symptoms of POI.

The Special Master found that Petitioner's menstrual cycle, which involved periods occurring only once every three months between 2000 and 2002, constituted menstrual irregularity and was the first symptom or manifestation of onset of her alleged vaccine-related injury. This finding meant the first symptom occurred no later than the fall of 2002.

As this date was more than eight years before her petition was filed on February 27, 2014, the Special Master determined the claim was time-barred and dismissed the petition. Petitioner was represented by Mark Krueger, and Respondent was represented by Lara Englund.