Shelly Wigler v. HHS - HPV, postural orthostatic tachycardia syndrome (POTS) (2024)
Case summary [AI summaries can sometimes make mistakes]
On April 11, 2024, Shelly Wigler filed a petition on behalf of her minor child, A.W., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that A.W. suffered injuries from two doses of the human papillomavirus (HPV) vaccine, received on October 4, 2019, and May 6, 2021.
A.W. was thirteen years old at the time of the first vaccination and fourteen at the time of the second. According to the petition, approximately two months after the first dose, A.W. began experiencing abdominal pain, dizziness, and pre-syncope upon changing positions.
In June 2020, A.W. was diagnosed with postural orthostatic tachycardia syndrome (POTS). The respondent, the Secretary of Health and Human Services, moved to dismiss the case, asserting that it was filed outside the Vaccine Act's 36-month statute of limitations.
The petitioner argued for equitable tolling, claiming she did not learn about the Vaccine Program until July 2023 and that she was not provided with a Vaccine Information Statement (VIS) or counseled on potential side effects at the time of vaccination. The petitioner also alleged fraudulent conduct by the vaccine manufacturer.
The court records indicate that medical records for both vaccination appointments stated that A.W. and her mother were provided with a VIS and counseling regarding the vaccine's risks, benefits, and potential side effects. The petitioner's affidavit did not attest to the claims made in the response to the motion to dismiss regarding the lack of a VIS or information about the Vaccine Program.
Chief Special Master Brian H. Corcoran found that the petitioner failed to establish the two necessary elements for equitable tolling: diligent pursuit of rights and the presence of extraordinary circumstances.
The court noted that the Vaccine Act does not provide for minority tolling and that unawareness of the Vaccine Program does not support equitable tolling. Allegations of manufacturer misconduct were also deemed insufficient and speculative, lacking evidentiary support.
The Special Master referenced prior decisions where the court has found that medical science does not predominantly support the contention that the HPV vaccine can cause POTS. Consequently, the court granted the respondent's motion to dismiss, ruling that the case was untimely filed.
The case was dismissed on May 7, 2024.
Theory of causation
Petitioner Shelly Wigler, on behalf of minor A.W., filed a petition alleging injury from the HPV vaccine administered on October 4, 2019, and May 6, 2021. A.W. was thirteen at the first vaccination and fourteen at the second. Symptoms of abdominal pain, dizziness, and pre-syncope upon position change began approximately two months after the first dose, with a diagnosis of POTS in June 2020. The petition was filed on April 11, 2024, which was outside the 36-month statute of limitations. Petitioner sought equitable tolling, arguing unawareness of the Vaccine Program until July 2023 and lack of a Vaccine Information Statement (VIS) or counseling at vaccination. Respondent moved to dismiss for untimeliness. Chief Special Master Brian H. Corcoran granted the motion, finding Petitioner failed to establish diligent pursuit of rights or extraordinary circumstances. The court noted the Vaccine Act does not provide for minority tolling, unawareness of the program does not support tolling, and allegations of manufacturer misconduct were speculative and unsupported. Medical records indicated a VIS and counseling were provided, contrary to Petitioner's assertions. The Special Master referenced prior decisions finding no predominant scientific support for HPV vaccine causing POTS. The case was dismissed on May 7, 2024, as untimely filed. Petitioner counsel was Michelle Greene, and Respondent counsel was Julia M. Collison.
Source PDFs
USCOURTS-cofc-1_23-vv-01325