Rebecca Fishkis v. HHS - HPV, Premature ovarian failure (POF) / Primary Ovarian Insufficiency (POI) (2016)

Rebecca Fishkis, born April 10, 1995, filed a petition for compensation under the National Vaccine Injury Compensation Program on June 20, 2014. She alleged that three Human Papillomavirus (HPV) vaccinations, administered on March 26, 2007, August 1, 2007, and June 16, 2008, caused her to develop premature ovarian failure (POF), later referred to as primary ovarian insufficiency (POI).

The case was part of an omnibus proceeding to determine the statute of limitations for POI claims. Petitioner's counsel was Mark L.

Krueger of Krueger & Hernandez, S.C., and Respondent's counsel was Lara Englund and Lynn Ricciardella of the United States Department of Justice. Special Master Lisa Hamilton-Fieldman presided over the case.

Medical records indicated that Rebecca Fishkis, who was 13 years old at her last vaccination on June 16, 2008, had not menstruated for two years by April 12, 2012, according to gynecologist Inna Tubman. At a visit on November 26, 2012, pediatrician Dr.

Boris Kogan noted that Petitioner had not menstruated for three years. Dr.

Tubman tentatively concluded POI on November 27, 2012, after Petitioner showed no response to provera and lab testing revealed an FSH level in the post-menopausal range. Petitioner also experienced headaches starting around January 2013, which were attributed to a TMJ condition.

The central issue was the statute of limitations, which requires petitions to be filed within 36 months of the first symptom or manifestation of onset of the injury. The parties and experts agreed that menstrual irregularities, including primary and secondary amenorrhea, could be symptoms of POI.

The American College of Obstetricians and Gynecologists (ACOG) Opinion provided criteria for evaluating menstrual irregularities. The Special Master determined that menstrual periods occurring 90 days apart, or failure to menstruate by age 15, constituted symptoms of POI.

Applying these criteria, the Special Master found that Petitioner's first symptom or manifestation of POI occurred no later than June 2010, when she had gone at least 90 days between cycles, or by April 10, 2010, if she had never menstruated by age 15. Since the petition was filed on June 20, 2014, it was deemed untimely as it was filed more than 36 months after the first symptom or manifestation of onset.

Therefore, Special Master Hamilton-Fieldman dismissed the petition as time-barred on June 2, 2016. Separately, on December 16, 2015, Special Master Hamilton-Fieldman issued a decision awarding Rebecca Fishkis $2,049.05 for costs incurred personally, based on a stipulation between the parties.