{"package_id":"USCOURTS-cofc-1_23-vv-01832","decision_granule_id":"USCOURTS-cofc-1_23-vv-01832-0","petitioner_identifier":"Caroline Horochak","is_minor":0,"age_at_vaccination":23.0,"age_unit_raw":"years","vaccine_type":"HPV","vaccination_date":"2012-04-20","condition_raw":"chronic fatigue, stomach issues, lung issues, hormonal problems and menstrual issues, polycystic ovary syndrome, fibromyalgia","condition_category":"other","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2024-07-02","extraction_version":"gemini-v2","extracted_at":"2026-04-30T01:53:49.809120+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":0,"theory_of_causation":"Petitioner Caroline Horochak, age 23, received an HPV vaccination on April 20, 2012. She alleged onset of chronic fatigue, stomach issues, lung issues, hormonal problems, and menstrual issues in May 2012, later diagnosed with polycystic ovary syndrome and fibromyalgia. The petition was filed on October 18, 2023, over eleven years after symptom onset, triggering the 36-month statute of limitations under the Vaccine Act. Petitioner sought equitable tolling, arguing she did not receive a Vaccine Information Statement (VIS) and was unaware of the Vaccine Program until April 2023, and alleging manufacturer misconduct. Respondent argued for dismissal due to untimeliness. Chief Special Master Brian H. Corcoran dismissed the case, finding Petitioner failed to establish both elements for equitable tolling: diligent pursuit of rights and extraordinary circumstances. The Special Master noted the Vaccine Act lacks a discovery rule, accrual is based on symptom onset, and failure to receive a VIS or be informed of the program does not support tolling. Allegations of manufacturer misconduct were deemed speculative and not a basis for tolling. The decision referenced prior rulings that medical science does not predominantly support claims that the HPV vaccine causes autonomic issues. No specific medical experts or detailed causation mechanism were presented or discussed in the public decision. The case was dismissed as untimely filed.","is_death":0,"date_of_death":null,"petition_filed_date":"2024-06-05","case_summary":"Caroline Horochak filed a petition for compensation under the National Vaccine Injury Compensation Program on October 18, 2023, alleging injuries from a human papillomavirus (HPV) vaccination received on April 20, 2012. Ms. Horochak, who was twenty-three years old at the time of vaccination, stated that within a month of receiving the vaccine, she developed chronic fatigue, stomach issues, lung issues, hormonal problems, and menstrual issues. She was later diagnosed with polycystic ovary syndrome in 2016 and fibromyalgia. The petition was filed over eleven years after her last HPV vaccination and the onset of her symptoms in May 2012. Ms. Horochak argued for equitable tolling of the statute of limitations, asserting that she was not provided a Vaccine Information Statement (VIS) at the time of vaccination and only learned about potential adverse effects of the HPV vaccine and the Vaccine Program in April 2023. She also alleged fraudulent conduct by the vaccine manufacturer in concealing the vaccine's harmful character. The respondent argued for dismissal due to the petition being untimely filed. Chief Special Master Brian H. Corcoran ordered Ms. Horochak to show cause why the claim should not be dismissed as untimely. In her response, Ms. Horochak did not dispute the timing of her symptom onset but argued for equitable tolling, claiming diligent pursuit of her rights once she realized the connection between her injuries and the vaccine and became aware of the program. The respondent countered that Ms. Horochak had not diligently pursued her rights and disputed the claims of manufacturer misconduct and its relevance to tolling. The Special Master found that Ms. Horochak failed to establish both elements required for equitable tolling: diligent pursuit of her rights and the presence of extraordinary circumstances. The court noted that the Vaccine Act does not have a discovery rule and that the statute of limitations begins to run from the manifestation of the first objectively cognizable symptom. The Special Master determined that the failure to provide a VIS or information about the Vaccine Program does not support equitable tolling, citing precedent that a petitioner cannot shield an untimely claim by asserting unawareness of their rights. Allegations of manufacturer misconduct were also deemed insufficient to warrant tolling, as they were speculative, not personally directed at Ms. Horochak, and not a basis for tolling under the circumstances. The Special Master also referenced prior rulings in numerous cases finding that medical science does not predominantly support the contention that the HPV vaccine can cause various autonomic issues. Consequently, the case was dismissed as untimely filed. The Clerk of Court was ordered to enter judgment accordingly.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Brian H. Corcoran","petitioner_identifier_original":null,"caption_petitioner_name":"Caroline Horochak","petitioner_attorney_name":"Andrew D. Downing","petitioner_attorney_firm":"Downing, Allison & Jorgenson","petitioner_attorney_location":"Phoenix, AZ","adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:43:57","attorney_canonical_keys":"|andrew-downing|","firm_canonical_key":"downing-allison-and-jorgenson","package_title":"HOROCHAK v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01832","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01832.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01832.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_23-vv-01832-0","title":"HOROCHAK v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 6/5/2024) regarding 16 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.","date_issued":"2024-07-02","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_23-vv-01832/granules/USCOURTS-cofc-1_23-vv-01832-0/pdf","pdf_bytes":227204,"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-01832/USCOURTS-cofc-1_23-vv-01832-0"}]}