Skylar Allen v. HHS - HPV, postural orthostatic tachycardia syndrome (POTS) (2024)

Skylar Allen, who was between 21 and 22 years old at the time of vaccination, received three doses of the HPV vaccine on May 31, 2019, July 31, 2019, and January 2, 2020. Following the third dose, Allen began experiencing symptoms of postural orthostatic tachycardia syndrome (POTS) in February 2020, with an emergency room visit for lightheadedness and palpitations on January 27, 2020, leading to a POTS diagnosis.

Allen filed a petition for compensation on March 27, 2024, alleging injury from the HPV vaccinations. The respondent moved to dismiss the case, arguing it was filed outside the Vaccine Act's 36-month statute of limitations, which begins to run from the manifestation of the first objectively cognizable symptom.

Allen argued for equitable tolling, claiming she was not informed about the Vaccine Program or potential side effects at the time of vaccination and only learned about the program in June 2023. The court found that Allen 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 is triggered by symptom onset, not by the claimant's awareness of a potential claim, and that failure to be advised of the Vaccine Program does not support equitable tolling. Allegations of manufacturer misconduct were also deemed insufficient to warrant tolling.

Consequently, the court granted the respondent's motion to dismiss, finding the petition untimely filed. No award was made as the case was dismissed on procedural grounds.