Emma Krausert v. HHS - HPV, postural orthostatic tachycardia syndrome (POTS), mast cell activation syndrome, fibromyalgia, and dysautonomia (2024)

Emma Krausert, represented by Tracy Turner of Pendley, Baudin & Coffin, LLP, filed a petition for compensation under the National Vaccine Injury Compensation Program on September 11, 2023, alleging injuries from a human papillomavirus (HPV) vaccination received on August 11, 2017. At the time of vaccination, Emma Krausert was twelve years old.

Within a few weeks of the vaccination, she began experiencing stomach pains, diarrhea, and body pains, and twelve weeks later, she could no longer walk. She was subsequently diagnosed with postural orthostatic tachycardia syndrome (POTS), mast cell activation syndrome, fibromyalgia, and dysautonomia.

The petition was filed by Petitioner's counsel, Tracy Turner, and the respondent was the Secretary of Health and Human Services, represented by Julia M. Collison of the U.S.

Department of Justice. Chief Special Master Brian H.

Corcoran issued the decision. The case was dismissed because the petition was filed over six years after the vaccination and symptom onset, and Petitioner failed to establish a basis for equitable tolling.

Petitioner argued that her minor status at the time of vaccination and the alleged failure to provide a Vaccine Information Statement (VIS) should excuse the delay. The court found that the statute of limitations for vaccine claims is triggered by symptom onset, not by the claimant's awareness of their rights or the program, and that lack of awareness does not support equitable tolling.

The court also noted that claims for minors can be brought by parents or legal guardians, and Emma Krausert provided no evidence that her parents were ineffective in handling her medical care or legal affairs. Allegations of manufacturer misconduct were also deemed insufficient to establish extraordinary circumstances for tolling.

The public decision does not describe specific medical experts, the mechanism of injury, or a detailed clinical story beyond the initial symptoms and diagnoses. The case was dismissed as untimely filed, and the Clerk of Court was ordered to enter judgment accordingly.