Yasmin Hines v. HHS - HPV, severe depression, anxiety, severe chronic pain, headaches, nausea, vomiting, severe abdominal pain, abnormal uterine bleeding, pelvic pain, and fatigue; fibromyalgia; gastroparesis (2024)
Case summary [AI summaries can sometimes make mistakes]
On October 31, 2023, Yasmin Hines filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered severe depression, anxiety, severe chronic pain, headaches, nausea, vomiting, severe abdominal pain, abnormal uterine bleeding, pelvic pain, and fatigue, later diagnosed as fibromyalgia and gastroparesis, as a result of receiving three doses of the human papillomavirus (HPV) vaccine between September 13, 2019, and March 13, 2020. Petitioner was seventeen years old at the time of vaccination and turned eighteen in 2020, after the onset of her symptoms.
The respondent moved to dismiss the case, asserting it was filed outside the Vaccine Act's 36-month statute of limitations. Petitioner argued for equitable tolling, citing her minor status at the time of vaccination and the alleged failure of vaccine administrators to provide her with a Vaccine Information Statement (VIS) or information about the Vaccine Program.
Petitioner also alleged fraudulent concealment of the vaccine's dangers by the manufacturer. Chief Special Master Brian H.
Corcoran issued a decision on July 23, 2024, granting the respondent's motion to dismiss. The Special Master found that the Vaccine Act does not provide for tolling based on minority status, and that Petitioner's minor status at the time of vaccination was irrelevant to the equitable tolling analysis as she turned eighteen before the onset of symptoms.
The Special Master also determined that the failure to provide a VIS or information about the Vaccine Program does not constitute an extraordinary circumstance for equitable tolling, as claims accrue upon symptom onset, not upon discovery of rights. Allegations of manufacturer misconduct were deemed speculative, unsupported by evidence, and irrelevant to the causation standard under the Vaccine Act, and thus not a basis for tolling.
Because Petitioner failed to establish both diligent pursuit of her rights and an extraordinary circumstance preventing timely filing, the case was dismissed as untimely filed. Petitioner was represented by Bijan Esfandiari of Wisner Baum LLP, and the respondent was represented by Julia M.
Collison of the U.S. Department of Justice.
Theory of causation
Petitioner Yasmin Hines, who was seventeen years old at the time of vaccination, received three doses of the HPV vaccine between September 13, 2019, and March 13, 2020. Within months of the final dose, she alleged onset of severe depression, anxiety, chronic pain, headaches, nausea, vomiting, abdominal pain, abnormal uterine bleeding, pelvic pain, and fatigue, later diagnosed as fibromyalgia and gastroparesis. The petition was filed on October 31, 2023, which was outside the 36-month statute of limitations. Petitioner sought equitable tolling, arguing her minor status and the alleged failure to provide a Vaccine Information Statement (VIS) or information about the Vaccine Program constituted extraordinary circumstances, and that she diligently pursued her rights once aware of the program. The respondent moved to dismiss for untimeliness. Chief Special Master Brian H. Corcoran granted the motion, finding that the Vaccine Act does not provide for minority tolling, and that Petitioner's minor status was irrelevant as she turned eighteen before symptom onset. The Special Master held that the failure to provide a VIS or information about the program does not constitute an extraordinary circumstance for equitable tolling, as claims accrue upon symptom onset, not upon discovery of rights. Allegations of manufacturer misconduct were deemed speculative and irrelevant to the causation standard. The case was dismissed as untimely filed. Petitioner was represented by Bijan Esfandiari, and Respondent by Julia M. Collison.
Source PDFs
USCOURTS-cofc-1_23-vv-01927