Lydia McSherry v. HHS - HPV, primary ovarian insufficiency (POI) (2016)

On February 27, 2014, Gene and Kari McSherry, as legal guardians for their daughter Lydia McSherry, filed a petition under the National Vaccine Injury Compensation Program. Lydia McSherry, born May 7, 1990, received the Human Papillomavirus (HPV) vaccine, also known as Gardasil, on March 28, 2007, with subsequent doses on June 13, 2007, and September 10, 2008.

The petition alleged that the HPV vaccine caused her to develop primary ovarian insufficiency (POI). The respondent, the Secretary of Health and Human Services, contended that the petition was filed outside the statute of limitations.

This case was part of an omnibus proceeding involving multiple Primary Ovarian Insufficiency (POI) cases to determine the first symptom or manifestation of POI onset for statute of limitations purposes. Lydia McSherry experienced menarche in the fifth grade and reported regular menstruation for a period.

However, she later reported irregular menstruation. On September 25, 2010, she informed her physician that she had not menstruated for over four months.

Approximately one year later, she reported menstruating only once in the preceding year. On March 28, 2012, she reported not menstruating for the past year, leading to an impression of secondary amenorrhea.

Tests revealed postmenopausal hormone levels, and on April 12, 2012, she was diagnosed with primary ovarian insufficiency (POI). The Special Master, Lisa Hamilton-Fieldman, applied the criteria established in the American College of Obstetricians and Gynecologists (ACOG) Opinion regarding menstruation in girls and adolescents.

The Special Master determined that Lydia McSherry's report on September 25, 2010, of not menstruating for over four months constituted the first symptom or manifestation of POI onset. This date, September 25, 2010, was more than 36 months prior to the petition's filing date of February 27, 2014.

Consequently, the Special Master concluded that the claim was time-barred under the National Childhood Vaccine Injury Act of 1986 and dismissed the petition. The public decision does not describe the specific mechanism by which the vaccine allegedly caused the injury, nor does it name petitioner's counsel or respondent's counsel beyond identifying the departments they represent.

The decision also does not detail any specific medical tests beyond hormone level tests and a Comprehensive Metabolic Panel, nor does it name treating physicians or experts beyond those involved in the omnibus proceeding's timeliness determination.