Natalie Parsons v. HHS - HPV, mood swings, irrationally and uncharacteristically angry, chronically fatigued and exhausted, hot flashes, sexual issues, night sweats, vision changes, menstrual issues, premature ovarian failure and menopause (2024)

Natalie Parsons filed a petition for compensation under the National Vaccine Injury Compensation Program on July 28, 2023, alleging that she suffered various injuries following her third dose of the human papillomavirus (HPV) vaccine, which she received on October 15, 2013. At the time of vaccination, Ms.

Parsons was 25 years old. The alleged injuries included mood swings, uncharacteristic anger, chronic fatigue and exhaustion, hot flashes, sexual issues, night sweats, vision changes, menstrual issues, premature ovarian failure, and menopause.

Ms. Parsons stated that her symptoms began after the third HPV vaccination.

She reported experiencing mood swings and anger first, followed by fatigue, hot flashes, sexual issues, night sweats, vision changes, and menstrual issues, ultimately leading to a diagnosis of premature ovarian failure and menopause. While she did not provide a specific timeline for all symptoms, medical records indicated she stopped having a menstrual cycle in 2019, suggesting earlier symptoms occurred between 2013 and 2019.

The petition was filed nearly ten years after her last HPV vaccination and the onset of her symptoms. Ms.

Parsons 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 potential adverse effects in 2022, subsequently contacting an attorney in April 2023. She also alleged fraudulent conduct by the vaccine manufacturer in concealing the vaccine's harmful nature.

The respondent, the Secretary of Health and Human Services, argued for dismissal due to the untimely filing. Chief Special Master Brian H.

Corcoran reviewed the arguments and legal standards. The Special Master noted that the Vaccine Act has a 36-month statute of limitations, which begins to run from the manifestation of the first objectively cognizable symptom, regardless of the claimant's understanding of its significance.

The court found that Ms. Parsons failed to establish a basis for equitable tolling.

The Special Master determined that Ms. Parsons did not diligently pursue her rights, as the statute of limitations is not subject to a "discovery rule" and the failure to provide a VIS or information about the Vaccine Program does not support equitable tolling.

Allegations of fraudulent conduct by the manufacturer were deemed speculative, unsupported by evidence, and not a basis for tolling under the circumstances. The Special Master also referenced prior rulings indicating that medical science does not predominantly support the contention that the HPV vaccine causes various autonomic issues.

Consequently, the petition was dismissed for being untimely filed. The decision was issued by Chief Special Master Brian H.

Corcoran on April 16, 2024. Petitioner counsel was Andrew D.

Downing, and respondent counsel was Julia M. Collison.