Tessa Needham v. HHS - HPV, postural orthostatic tachycardia syndrome, or “POTS” (2024)
Case summary [AI summaries can sometimes make mistakes]
Tessa Needham filed a petition on May 2, 2023, alleging that she suffered from postural orthostatic tachycardia syndrome (POTS) due to receiving three doses of the human papillomavirus (HPV) vaccine on December 16, 2014, February 17, 2015, and July 14, 2015. She stated that her symptoms, including headaches, diminished energy, lightheadedness, muscle weakness, memory issues, and difficulty concentrating, began in the fall of 2015.
The petition was filed on December 20, 2023, which is over seven years after her last vaccination and the alleged onset of symptoms. Petitioner argued for equitable tolling of the 36-month statute of limitations, citing her minor status at the time of vaccination and her subsequent learning in April 2023 that the HPV vaccine might cause adverse effects.
Petitioner also alleged fraudulent conduct by the vaccine manufacturer and failure to provide a Vaccine Information Statement (VIS) at the time of vaccination. The respondent argued for dismissal due to untimeliness.
Chief Special Master Brian H. Corcoran found that Petitioner failed to establish both elements required for equitable tolling: diligent pursuit of her rights and an extraordinary circumstance preventing timely filing.
The Special Master noted that the Vaccine Act does not provide for tolling based on minor status alone and that claims accrue upon symptom onset, not upon discovery of rights. The public decision does not describe the specific clinical story beyond the alleged symptoms and diagnosis of POTS, nor does it name any medical experts.
The Special Master found no evidence that Petitioner's mother, who could have filed on her behalf, acted without diligence, as Petitioner did not provide an affidavit from her mother regarding her knowledge or actions. Allegations of fraudulent conduct by the vaccine manufacturer were dismissed as speculative and not a basis for tolling.
The Special Master also noted that medical science does not preponderantly support the contention that the HPV vaccine can cause POTS, referencing prior rulings on this issue. Consequently, the court dismissed the case as untimely filed.
Petitioner's counsel was Andrew D. Downing of Downing, Allison & Jorgenson.
Respondent's counsel was Julia M. Collison of the U.S.
Department of Justice. The decision was issued by Chief Special Master Brian H.
Corcoran.
Theory of causation
Petitioner Tessa Needham, age 10 at vaccination, received three doses of the HPV vaccine on December 16, 2014, February 17, 2015, and July 14, 2015. She alleged onset of symptoms including headaches, diminished energy, lightheadedness, muscle weakness, memory issues, and difficulty concentrating in the fall of 2015, later diagnosed as POTS. The petition was filed on December 20, 2023, over seven years after the last vaccination and symptom onset. Petitioner sought equitable tolling of the 36-month statute of limitations, arguing her minor status at vaccination and subsequent discovery in April 2023 that the HPV vaccine might cause adverse effects constituted extraordinary circumstances and that she pursued her rights diligently after reaching majority. The Special Master found Petitioner failed to establish both elements for equitable tolling. The public decision does not describe a specific theory of causation or name medical experts. The Special Master noted that the Vaccine Act does not provide for tolling based on minor status alone and that claims accrue upon symptom onset, not discovery of rights. Petitioner's mother, who could have filed on her behalf, was not shown to have lacked diligence. Allegations of manufacturer misconduct were deemed speculative and not a basis for tolling. The Special Master also referenced prior rulings finding no preponderant medical support for the contention that the HPV vaccine can cause POTS. The case was dismissed as untimely filed. Petitioner's counsel was Andrew D. Downing. Respondent's counsel was Julia M. Collison. Chief Special Master Brian H. Corcoran issued the decision on January 17, 2024.
Source PDFs
USCOURTS-cofc-1_23-vv-00630