John P. Lynch v. HHS - HPV, postural orthostatic tachycardia syndrome (POTS) (2024)

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.