Angela Walker v. HHS - HPV, chronic fatigue syndrome (2024)

Angela Walker filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging injuries from three Human Papillomavirus (HPV) vaccinations received on November 17, 2008, January 19, 2009, and August 14, 2015. She claimed to have experienced symptoms of autonomic dysfunction after the first two vaccinations and significant symptoms, including chronic headaches, fatigue, dizziness, fainting, difficulty concentrating, memory issues, communication problems, walking difficulties, sleep disturbances, insomnia, abnormal sensations, and widespread pain, after the third vaccination.

She was diagnosed with chronic fatigue syndrome in November 2016. The petition was filed on February 29, 2024, which was nearly eight years after her last HPV vaccination in 2015 and at least seven years after she began experiencing symptoms.

The court ordered Ms. Walker to show cause why her claim should not be dismissed as untimely.

Ms. Walker argued for equitable tolling, asserting she was unaware of the Vaccine Program and the potential for adverse effects until April 2023, and that she immediately contacted an attorney thereafter.

She also contended that the failure to provide a Vaccine Information Statement (VIS) at the time of vaccination constituted an extraordinary circumstance. The respondent argued for dismissal due to untimeliness.

The court found that Ms. Walker failed to establish both elements required for equitable tolling: diligent pursuit of her rights and an extraordinary circumstance preventing timely filing.

The court noted that the statute of limitations accrues upon symptom onset, regardless of awareness, and that failure to be advised of the Vaccine Program does not support equitable tolling. Allegations of manufacturer misconduct were also deemed speculative and not a basis for tolling.

Consequently, the court dismissed the case as untimely filed.