L.P. v. HHS - HPV, stomach pain, bloating, feeling full, nauseated, bladder infection-like symptoms, insomnia, night sweats, day sweats, and chills (2016)

Shannon and William Powers, parents and natural guardians of L.P., a minor, filed a petition for vaccine injury compensation on December 12, 2014. They alleged that L.P. developed stomach pain, bloating, feeling full, nausea, and bladder infection-like symptoms after receiving her first Human Papillomavirus (HPV) vaccination on March 30, 2011.

They further alleged that subsequent HPV vaccinations on August 8, 2011, and December 12, 2011, exacerbated these symptoms and caused new ones, including insomnia, night sweats, day sweats, and chills. The respondent, the Secretary of Health and Human Services, moved to dismiss the case, arguing it was filed after the statute of limitations expired.

Petitioners argued for equitable tolling, citing L.P.'s young age and the alleged failure of her doctors to recognize a vaccine link. The Special Master reviewed the petition, supporting documents, and medical records.

L.P. had a history of abdominal pain and underwent surgery for ovarian torsion in February 2011, prior to her first HPV vaccination. Medical records indicated that L.P. experienced nausea and bloating approximately 6-8 months after her surgery, which would place the onset of these symptoms between August and October 2011.

The Special Master found that whether the onset of symptoms was considered March 30, 2011 (based on the parents' affidavits) or August-October 2011 (based on medical records), the onset predated the filing deadline of December 12, 2011, by several months. The court also denied equitable tolling, stating that the failure of doctors to diagnose a vaccine injury or the petitioners' lack of awareness of a causal link are not extraordinary circumstances that warrant tolling under the Vaccine Act, as the statute of limitations is triggered by the first symptom or manifestation of onset, regardless of the petitioner's knowledge.

Consequently, the Special Master granted the respondent's motion to dismiss the case as untimely filed. The decision was issued by Special Master Lisa Hamilton-Fieldman.