E.S. v. HHS - HPV, premature ovarian failure (2024)

On July 31, 2023, Diane Sincoff, on behalf of her minor child E.S., filed a petition for compensation under the National Vaccine Injury Compensation Program. E.S., who was thirteen years old, received the first dose of the human papillomavirus (HPV) vaccine on March 15, 2019.

The petition alleged that E.S. suffered premature ovarian failure, diagnosed on October 20, 2020, following symptoms of stomach pain, dizziness, nausea, and cessation of menstruation that began in 2019. The Special Master dismissed the case because the petition was filed outside the Vaccine Act's 36-month statute of limitations.

Petitioner argued for equitable tolling, asserting that she was unaware of the Vaccine Program and that E.S.'s minor status should excuse the delay. The Special Master found that the statute of limitations is triggered by the manifestation of the first objectively cognizable symptom, not by the claimant's awareness of their rights or the program.

The court also noted that the Vaccine Act does not provide for minority tolling. Arguments regarding manufacturer misconduct or failure to provide a Vaccine Information Statement (VIS) were also rejected as grounds for tolling.

The Special Master pointed out that the HPV vaccine was added to the Vaccine Injury Table in 2007, and prior cases have not supported a link between the HPV vaccine and autonomic issues. The petition was dismissed as untimely filed.

Petitioner was represented by Michelle Greene of The Lanier Law Firm, PLLC, and Respondent was represented by Julia M. Collison of the U.S.

Department of Justice. The decision was issued by Chief Special Master Brian H.

Corcoran.