Patricia Young v. HHS - HPV, premature ovarian failure, polycystic ovary syndrome, and infertility, short term memory loss, abnormal pap smear (2024)

Patricia Young filed a petition for compensation under the National Vaccine Injury Compensation Program on May 31, 2023, alleging she suffered premature ovarian failure, polycystic ovary syndrome, infertility, short-term memory loss, and an abnormal pap smear as a result of three human papillomavirus (HPV) vaccinations received in 2011. At the time of vaccination, she was approximately seventeen years old.

The petition was filed nearly twelve years after her last vaccination and the alleged onset of symptoms. Petitioner argued that her delay in filing was excusable due to her minor status at the time of vaccination and the alleged failure to provide her with a Vaccine Information Statement (VIS).

She also made allegations regarding the vaccine manufacturer's conduct. The respondent argued for dismissal due to untimeliness.

Chief Special Master Brian H. Corcoran reviewed the case.

The Special Master noted that the Vaccine Act's statute of limitations is thirty-six months, beginning from the manifestation of the first objectively cognizable symptom. The court 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 determined that Petitioner's arguments regarding her minor status and lack of awareness of the Vaccine Program were unpersuasive, as the statute of limitations is triggered by symptom onset, not by a claimant's awareness of their rights or the program. The court also found that for minors, the diligence of a parent or legal guardian is relevant, but Petitioner provided no evidence to assess her parent's or guardian's diligence or effectiveness.

The Special Master also dismissed Petitioner's arguments about the vaccine manufacturer's alleged fraudulent conduct as speculative and not a basis for tolling. The public decision does not describe specific onset dates, symptoms, diagnostic tests, treatments, or the mechanism of injury.

Petitioner counsel was Andrew D. Downing.

Respondent counsel was Julia M. Collison.

The case was dismissed for untimeliness, and the Clerk of Court was ordered to enter judgment accordingly.