Shanie Roman v. HHS - HPV, endometriosis, fibromyalgia, and ovarian remnant syndrome (2024)
Case summary [AI summaries can sometimes make mistakes]
Shanie Roman filed a petition for compensation under the National Vaccine Injury Compensation Program on January 5, 2024, on behalf of herself. She alleged injuries from a human papillomavirus (HPV) vaccine received on September 17, 2009.
Roman, who was 26 years old at the time of vaccination, stated that approximately one month after her second dose of the HPV vaccine, she began experiencing atypical pain during her period. This pain became more severe and constant, leading to a diagnosis of endometriosis, for which she underwent a partial hysterectomy in 2013 and a second hysterectomy in 2016.
She was later diagnosed with fibromyalgia and ovarian remnant syndrome. Roman argued that the statute of limitations should be equitably tolled because she was not provided a Vaccine Information Statement (VIS) at the time of vaccination and only learned of the Vaccine Program and potential adverse effects in April 2023, after which she immediately contacted an attorney.
The Special Master noted that the petition was filed over thirteen years after the last HPV dose and symptom onset, well outside the 36-month statute of limitations. The court found that Roman failed to establish both elements required for equitable tolling: diligent pursuit of her rights and an extraordinary circumstance preventing timely filing.
The Special Master rejected Roman's argument that the failure to provide a VIS or information about the Vaccine Program constituted an extraordinary circumstance, citing precedent that the statute of limitations is triggered by symptom onset, not by a claimant's awareness of a potential cause of action or the Vaccine Program. Allegations of fraudulent conduct by the vaccine manufacturer were also deemed speculative and not a basis for tolling.
The Special Master also referenced prior rulings in similar cases regarding the HPV vaccine and autonomic issues. Consequently, the case was dismissed as untimely filed.
The decision was issued by Chief Special Master Brian H. Corcoran on February 7, 2024.
Petitioner's counsel was Andrew D. Downing, and Respondent's counsel was Julia M.
Collison.
Theory of causation
Petitioner Shanie Roman, age 26, received the second dose of the HPV vaccine on September 17, 2009. Approximately one month later, she began experiencing atypical menstrual pain, which became severe and constant, leading to diagnoses of endometriosis, fibromyalgia, and ovarian remnant syndrome, and two hysterectomies. The petition was filed on January 5, 2024, over thirteen years after symptom onset and the last vaccination. Petitioner argued for equitable tolling, asserting she did not receive a Vaccine Information Statement (VIS) at vaccination and only learned of the Vaccine Program and potential adverse effects in April 2023. The Special Master found the petition untimely, rejecting equitable tolling because Petitioner failed to demonstrate diligent pursuit and extraordinary circumstances. The Special Master held that the statute of limitations accrues upon symptom onset, not awareness of a cause of action or the Vaccine Program, and that failure to provide a VIS or information about the program does not constitute an extraordinary circumstance justifying tolling. Allegations of manufacturer misconduct were deemed speculative and unsupported. The case was dismissed as untimely filed by Chief Special Master Brian H. Corcoran on February 7, 2024. Petitioner was represented by Andrew D. Downing, and Respondent by Julia M. Collison.
Source PDFs
USCOURTS-cofc-1_23-vv-00705