Katherine M. Helton v. HHS - HPV, major depressive disorder, anxiety disorder, panic attacks, eating disorder, syncope, chronic constipation, dissociative seizures, chronic ovarian cysts, postural orthostatic tachycardia syndrome (POTS), gastroparesis, chronic urinary tract infections, cholecystectomy, hematochezia, attention-deficit/hyperactivity disorder, mononucleosis, and possible left atrial enlargement (2024)

Katherine M. Helton filed a petition for compensation under the National Vaccine Injury Compensation Program on October 31, 2023, alleging injuries from two human papillomavirus (HPV) vaccinations received on May 3, 2016, and June 21, 2018.

At the time of the first vaccination, Ms. Helton was fifteen years old, and she was seventeen at the time of the second.

Within seven days of the first vaccination, she reported experiencing seizures, and subsequently developed a range of other conditions including major depressive disorder, anxiety disorder, panic attacks, eating disorder, syncope, chronic constipation, dissociative seizures, chronic ovarian cysts, postural orthostatic tachycardia syndrome (POTS), gastroparesis, chronic urinary tract infections, cholecystectomy, hematochezia, attention-deficit/hyperactivity disorder, mononucleosis, and possible left atrial enlargement. The petition was filed over five years after the last vaccination and over seven years after the onset of symptoms.

Petitioner argued for equitable tolling of the 36-month statute of limitations, citing her minor status at the time of vaccination and the alleged failure of vaccine administrators to provide a Vaccine Information Statement (VIS) or information about the Vaccine Program. Respondent moved to dismiss the case as untimely filed.

Chief Special Master Brian H. Corcoran issued a decision on July 23, 2024.

The court found that the Vaccine Act does not provide for minority tolling and that the failure to provide a VIS or information about the program does not constitute an extraordinary circumstance for equitable tolling. The court noted that the HPV vaccine was added to the Vaccine Injury Table in 2007, but the primary issue was the untimeliness of the filing.

Petitioner's arguments regarding the manufacturer's alleged fraudulent conduct were also found unpersuasive and not a basis for tolling. The court concluded that Petitioner failed to establish both diligent pursuit of her rights and extraordinary circumstances to justify equitable tolling.

Consequently, the case was dismissed as untimely filed. Petitioner was represented by Bijan Esfandiari of Wisner Baum LLP, and Respondent was represented by Julia M.

Collison of the U.S. Department of Justice.