L.P. v. HHS - HPV, stomach pain, bloating, feeling full, nauseated, bladder infection-like symptoms, insomnia, night sweats, day sweats, and chills (2016)
Case summary [AI summaries can sometimes make mistakes]
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.
Theory of causation
Petitioners Shannon and William Powers, on behalf of minor L.P., filed a petition alleging injury from the Human Papillomavirus (HPV) vaccine administered on March 30, 2011, August 8, 2011, and December 12, 2011. They alleged L.P. developed stomach pain, bloating, nausea, insomnia, night sweats, day sweats, and chills. The respondent moved to dismiss, asserting the petition was filed outside the 36-month statute of limitations. Petitioners argued for equitable tolling, citing L.P.'s age and alleged failure of physicians to recognize a vaccine link. The Special Master found the first symptom or manifestation of onset occurred no earlier than December 12, 2011, for the claim to be timely. Petitioners' affidavits indicated symptoms began "almost immediately" after the first vaccination on March 30, 2011. Medical records suggested onset of nausea and bloating between August-October 2011, approximately 6-8 months after surgery in February 2011. The Special Master determined that the onset, whether March 30, 2011, or August-October 2011, predated the December 12, 2011 filing deadline. Equitable tolling was denied, as ignorance of a causal link or misdiagnosis does not constitute an extraordinary circumstance under the Vaccine Act, which triggers the statute of limitations from the first symptom or manifestation of onset, irrespective of petitioner knowledge. The case was dismissed as untimely filed. Special Master Lisa Hamilton-Fieldman issued the decision. Petitioner counsel was James B. Blumenstiel. Respondent counsel was Amy P. Kokot.
Source PDFs
USCOURTS-cofc-1_14-vv-01195