{"package_id":"USCOURTS-cofc-1_23-vv-01493","decision_granule_id":"USCOURTS-cofc-1_23-vv-01493-0","petitioner_identifier":"Kristen Dempsey","is_minor":0,"age_at_vaccination":18.0,"age_unit_raw":"years","vaccine_type":"HPV","vaccination_date":"2006-11-15","condition_raw":"tachycardia, migraines, fatigue, postural orthostatic tachycardia syndrome (POTS), lupus, polycystic ovary syndrome","condition_category":"dysautonomia","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2024-05-14","extraction_version":"gemini-v2","extracted_at":"2026-04-30T01:52:06.023281+00:00","number_of_concurrent_vaccines":1,"dose_number":1,"time_to_onset_days":0,"theory_of_causation":"unclear","is_death":0,"date_of_death":null,"petition_filed_date":"2024-04-19","case_summary":"Kristen Dempsey filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered various injuries, including tachycardia, migraines, fatigue, postural orthostatic tachycardia syndrome (POTS), lupus, and polycystic ovary syndrome, due to the human papillomavirus (HPV) vaccines she received on November 15, 2006, January 15, 2007, and May 10, 2007. At the time of vaccination, Ms. Dempsey was eighteen years old. She reported experiencing tachycardia symptoms since she was fifteen and stated that after the second HPV vaccination, she experienced migraines, fatigue, and symptoms consistent with POTS, which continued after the third dose. In the subsequent years, she developed lupus and polycystic ovary syndrome. The petition was filed on April 19, 2024, over sixteen years after her last HPV dose and symptom onset. The court ordered Ms. Dempsey to show cause why the claim had not been filed outside the 36-month statute of limitations. Ms. Dempsey argued for equitable tolling, asserting that she was not provided with Vaccine Information Statements (VIS) and only learned of potential adverse effects in September 2020. She also alleged fraudulent concealment by the vaccine manufacturer. The respondent argued for dismissal due to untimeliness. The court found that Ms. Dempsey failed to establish both elements of equitable tolling: diligent pursuit and extraordinary circumstances. The court noted that the Vaccine Act does not have a discovery rule and that the failure to be advised of the Vaccine Program does not support equitable tolling. The court also dismissed her claims regarding manufacturer misconduct as speculative and not a basis for tolling. Consequently, the case was dismissed for being untimely filed.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Brian H. Corcoran","petitioner_identifier_original":null,"caption_petitioner_name":"Kristen Dempsey","petitioner_attorney_name":"Robert M. Hatch","petitioner_attorney_firm":"Bronster Fujichaku Robbins","petitioner_attorney_location":"Honolulu, HI","adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:44:00","attorney_canonical_keys":"|robert-hatch|","firm_canonical_key":"bronster-fujichaku-robbins","package_title":"DEMPSEY v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01493","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01493.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01493.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_23-vv-01493-0","title":"DEMPSEY v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 4/19/2024) regarding 16 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.","date_issued":"2024-05-14","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_23-vv-01493/granules/USCOURTS-cofc-1_23-vv-01493-0/pdf","pdf_bytes":229279,"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-01493/USCOURTS-cofc-1_23-vv-01493-0"}]}