Christian Robertson v. HHS - HPV, non-epileptic seizures (2024)

Christian Robertson, a minor at the time of vaccination, filed a petition for compensation under the National Vaccine Injury Compensation Program on December 1, 2023. She alleged that she suffered various injuries, including non-epileptic seizures, headaches, rapid heart rate, instability, stomach pains, loss of bladder control, dizziness, migraines, and fainting, within two days of receiving an HPV vaccination on March 17, 2016.

She also received an HPV vaccination on September 17, 2014. Petitioner argued that the petition, filed over seven years after the most recent vaccination and symptom onset, should be excused due to equitable tolling.

She contended that 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 prevented timely filing. The Respondent moved to dismiss the case for being untimely filed.

The Special Master 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 Special Master also dismissed arguments about alleged fraudulent conduct by the vaccine manufacturer, noting these contentions were speculative and not evidentiarily supported.

Because Petitioner failed to establish both diligent pursuit of her rights and an extraordinary circumstance preventing timely filing, the Special Master granted Respondent's motion to dismiss. The case was dismissed for being 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. The decision was issued by Chief Special Master Brian H.

Corcoran.