{"package_id":"USCOURTS-cofc-1_23-vv-01159","decision_granule_id":"USCOURTS-cofc-1_23-vv-01159-0","petitioner_identifier":"Arianna Borgra","is_minor":1,"age_at_vaccination":15.0,"age_unit_raw":"years","vaccine_type":"HPV","vaccination_date":"2011-03-24","condition_raw":"postural orthostatic tachycardia syndrome, fibromyalgia, seizures, pseudo seizures, mast cell activation syndrome, and headaches","condition_category":"seizure_disorder","autism_spectrum_adjacent":1,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2024-04-16","extraction_version":"gemini-v2","extracted_at":"2026-04-30T01:51:13.217873+00:00","number_of_concurrent_vaccines":1,"dose_number":1,"time_to_onset_days":0,"theory_of_causation":"Petitioner Arianna Borgra, vaccinated with the HPV vaccine on March 24, 2011, June 2, 2011, and November 23, 2011, at ages fifteen and sixteen, alleged onset of symptoms including pain, swelling, fever, headaches, irregular heartbeats, fainting, seizure-like symptoms, gastrointestinal issues, temperature sensitivity, sleep difficulties, brain fog, and concentration problems shortly after the first dose and worsening thereafter. Diagnosed with postural orthostatic tachycardia syndrome, fibromyalgia, seizures, pseudo seizures, mast cell activation syndrome, and headaches. The petition was filed on July 26, 2023, over eleven years after the last vaccination and symptom onset. Petitioner sought equitable tolling, citing minority status and lack of awareness of the Vaccine Program and potential adverse effects. The Special Master, Chief Special Master Brian H. Corcoran, dismissed the case as untimely, finding that the Vaccine Act does not provide for minority tolling and that ignorance of the program or alleged manufacturer misconduct does not support equitable tolling. Petitioner failed to establish diligent pursuit of rights after turning eighteen or extraordinary circumstances. Petitioner's mother's alleged diligence was not demonstrated, and no evidence of her deficiency in handling Petitioner's legal or medical affairs was presented. Allegations of manufacturer misconduct and failure to provide a VIS were deemed insufficient for tolling. Petitioner was represented by Tracy Turner (Pendley, Baudin, and Coffin, LLP), and Respondent by Julia M. Collison (U.S. Department of Justice).","is_death":0,"date_of_death":null,"petition_filed_date":"2023-07-26","case_summary":"On July 26, 2023, Arianna Borgra filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging injuries from three doses of the human papillomavirus (HPV) vaccine received on March 24, 2011, June 2, 2011, and November 23, 2011. Petitioner, who was fifteen years old at the time of the first two vaccinations and sixteen at the time of the third, stated that shortly after the first dose, she experienced pain, swelling, fever, headaches, irregular heartbeats, and fainting. Following subsequent doses, her symptoms worsened, and she developed seizure-like symptoms, gastrointestinal issues, temperature sensitivity, sleep difficulties, brain fog, and concentration problems. She was diagnosed with postural orthostatic tachycardia syndrome, fibromyalgia, seizures, pseudo seizures, mast cell activation syndrome, and headaches. The petition was filed over eleven years after the last vaccination and symptom onset. Petitioner argued for equitable tolling, citing her minor status at the time of vaccination and alleged lack of awareness of the Vaccine Program and the HPV vaccine's potential adverse effects. She stated she became aware of the program shortly before filing and learned of potential adverse effects less than two years prior. The Special Master dismissed the case, finding it was filed outside the program's 36-month statute of limitations and that Petitioner failed to establish a basis for equitable tolling. The court noted that the Vaccine Act does not provide for minority tolling and that ignorance of the program or alleged manufacturer misconduct does not constitute grounds for equitable tolling. Petitioner's argument that her mother, who attended at least one vaccination appointment and medical appointments thereafter, did not diligently pursue a claim was also unpersuasive, as no evidence was presented to suggest the mother's deficiency in handling Petitioner's legal or medical affairs. The Special Master also rejected arguments regarding alleged fraudulent conduct by the vaccine manufacturer and failure to provide a Vaccine Information Statement (VIS) as insufficient grounds for tolling. The decision was issued by Chief Special Master Brian H. Corcoran. Petitioner was represented by Tracy Turner of Pendley, Baudin, and Coffin, LLP, and Respondent was represented by Julia M. Collison of the U.S. Department of Justice.","is_minor_inferred":null,"is_pediatric_broad":1,"special_master":"Brian H. Corcoran","petitioner_identifier_original":null,"caption_petitioner_name":"Arianna Borgra","petitioner_attorney_name":"Tracy Turner","petitioner_attorney_firm":"Pendley, Baudin","petitioner_attorney_location":"Plaquemine, LA","adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:44:02","attorney_canonical_keys":"|tracy-turner|","firm_canonical_key":"pendley-baudin","package_title":"BORGRA v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01159","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01159.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01159.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_23-vv-01159-0","title":"BORGRA v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 3/21/2024) regarding 19 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.","date_issued":"2024-04-16","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_23-vv-01159/granules/USCOURTS-cofc-1_23-vv-01159-0/pdf","pdf_bytes":241777,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_23-vv-01159/USCOURTS-cofc-1_23-vv-01159-0"}]}