Emily Culligan v. HHS - HPV, Primary Ovarian Insufficiency (POI) (2016)
Case summary [AI summaries can sometimes make mistakes]
Emily Culligan, born June 27, 1984, filed a petition on April 18, 2014, alleging that the Human Papillomavirus (HPV) vaccine, administered on March 31, 2010, June 1, 2010, and October 4, 2010, caused her to develop Primary Ovarian Insufficiency (POI). Petitioner was represented by Mark Krueger of Krueger & Hernandez, SC.
Respondent, the Secretary of Health and Human Services, contended that the petition was untimely filed, asserting that the first symptom or manifestation of POI occurred in late 2010, which would place the claim outside the 36-month statute of limitations. Petitioner argued that the statute of limitations began to run in August 2012 when she ceased menstruating.
The Special Master, Lisa Hamilton-Fieldman, reviewed extensive medical records and expert testimony to determine the date of the first symptom or manifestation of POI. The Special Master adopted criteria from the American College of Obstetricians and Gynecologists (ACOG) to distinguish normal menstrual irregularities from those indicative of potential disease.
The Special Master found that while a menstrual cycle length of 25 days in March 2010 was within normal parameters for a woman of Petitioner's age, by November or December 2010, Petitioner's menstrual pattern had become irregular and symptomatic. This included periods becoming markedly irregular, occurring less frequently than every 35 days, and potentially lasting longer than seven days.
The Special Master concluded that this development of menstrual irregularity in November or December 2010 constituted the first symptom or manifestation of Petitioner's alleged vaccine-related injury. As this date preceded the statute of limitations deadline of April 18, 2011, by five to six months, the Special Master determined the claim was time-barred and dismissed the petition.
The decision was issued on June 2, 2016.
Theory of causation
Petitioner Emily Culligan, born June 27, 1984, received the HPV vaccine on March 31, 2010, June 1, 2010, and October 4, 2010. She alleged these vaccinations caused Primary Ovarian Insufficiency (POI). The case was dismissed by Special Master Lisa Hamilton-Fieldman on June 2, 2016, due to the statute of limitations. The core issue was determining the date of the first symptom or manifestation of POI. Petitioner argued the statute began in August 2012, while Respondent argued it began in March 2010 or late 2010. The Special Master applied ACOG guidelines to define "normal" menstrual cycles and distinguish them from symptoms of POI. The Special Master found that by November or December 2010, Petitioner experienced menstrual irregularities (markedly irregular periods, less frequent than every 35 days, potentially longer than 7 days) that were no longer normal and constituted the first symptom of POI. This date, November or December 2010, was more than 36 months prior to the petition filing date of April 18, 2014, rendering the claim time-barred. Petitioner was represented by Mark Krueger, and Respondent by Lara Englund. The decision does not detail specific expert witnesses by name for the causation argument, but references expert testimony regarding POI symptoms and menstrual cycle normalcy. The theory of causation was not reached due to the statute of limitations dismissal.
Source PDFs
USCOURTS-cofc-1_14-vv-00318