Andrea Mae Warren v. HHS - HPV, postural orthostatic tachycardia syndrome (POTS) (2024)

Andrea Mae Warren filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered injuries due to an HPV vaccine received on May 28, 2008. She was twenty-four years old at the time of vaccination.

The petition was filed on April 24, 2024, over fifteen years after the vaccination and several years after her symptoms began to progress. Petitioner stated her injuries progressed in the years following the vaccination, and she was diagnosed with postural orthostatic tachycardia syndrome (POTS) in June 2020, describing her symptoms as chronic by September 2020.

The court noted a significant gap in medical records between the 2008 vaccination and a January 2019 appointment. The primary issue was the timeliness of the filing, as the petition was filed outside the 36-month statute of limitations.

Petitioner argued for equitable tolling, claiming she did not receive a Vaccine Information Statement (VIS) at the time of vaccination and only learned of potential adverse effects and the Vaccine Program in September 2020. The court found these arguments unpersuasive, stating that the statute of limitations accrues upon symptom onset, not upon discovery of a potential claim, and that failure to provide a VIS does not support equitable tolling.

Petitioner's arguments regarding manufacturer misconduct were also dismissed as speculative and irrelevant to the causation standards of the Vaccine Act. The court concluded that Petitioner failed to establish both diligent pursuit of her rights and extraordinary circumstances necessary for equitable tolling.

Consequently, the case was dismissed as untimely filed.