John P. Lynch v. HHS - HPV, postural orthostatic tachycardia syndrome (POTS) (2024)
Case summary [AI summaries can sometimes make mistakes]
John P. Lynch, an eighteen-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on December 20, 2023.
He alleged that he suffered injuries from a human papillomavirus (HPV) vaccination he received on June 22, 2020. Mr.
Lynch stated that within hours of the vaccination, he began experiencing symptoms including headaches, rapid heart rate, dizziness, weight loss, and loss of appetite, with at least some symptoms manifesting in July 2020. He was later diagnosed with postural orthostatic tachycardia syndrome (POTS).
The respondent, the Secretary of Health and Human Services, filed a motion to dismiss, arguing that the petition was filed outside the Vaccine Act's 36-month statute of limitations. Mr.
Lynch argued for equitable tolling, asserting that he was not provided a Vaccine Information Statement (VIS) at the time of vaccination and only learned of the potential link between the HPV vaccine and adverse effects in September 2022, and became aware of the Vaccine Program in June 2023. He also made allegations regarding the vaccine manufacturer's conduct.
Chief Special Master Brian H. Corcoran considered the legal standards for the Vaccine Act's statute of limitations, which begins to run from the manifestation of the first objectively cognizable symptom, and the doctrine of equitable tolling, which requires diligent pursuit of rights and an extraordinary circumstance preventing timely filing.
The Special Master found that Mr. Lynch failed to establish both elements for equitable tolling.
The Special Master determined that the statute of limitations is triggered by symptom onset, not by a claimant's awareness of a potential cause of action or the Vaccine Program, and that the failure to be advised of the Vaccine Program does not support equitable tolling. The Special Master also rejected the arguments about the vaccine manufacturer's conduct as speculative, unsupported, and not a basis for tolling.
Consequently, the Special Master granted the respondent's motion to dismiss, and the case was dismissed for being untimely filed. Petitioner counsel was Bijan Esfandiari of Wisner Baum LLP, and respondent counsel was Julia M.
Collison of the U.S. Department of Justice.
The decision was issued by Chief Special Master Brian H. Corcoran.
Theory of causation
Petitioner John P. Lynch, age 18, received an HPV vaccination on June 22, 2020. He alleged onset of symptoms including headaches, rapid heart rate, dizziness, weight loss, and loss of appetite in July 2020, and was later diagnosed with POTS. The petition was filed on December 20, 2023, which was outside the 36-month statute of limitations that began to run in July 2020. Petitioner sought equitable tolling, arguing he did not receive a VIS, was unaware of the Vaccine Program until June 2023, and alleged manufacturer misconduct. Respondent moved to dismiss for untimeliness. Chief Special Master Brian H. Corcoran granted the motion, finding Petitioner failed to establish both diligent pursuit and extraordinary circumstances required for equitable tolling. The Special Master noted that the statute of limitations accrues upon symptom onset, not awareness of a cause of action or the Vaccine Program, and that lack of a VIS or alleged manufacturer misconduct do not constitute extraordinary circumstances justifying tolling under the Vaccine Act. The case was dismissed as untimely filed. Petitioner counsel: Bijan Esfandiari (Wisner Baum LLP). Respondent counsel: Julia M. Collison (U.S. Department of Justice). Decision date: August 27, 2024.
Source PDFs
USCOURTS-cofc-1_23-vv-02119