Leonora Briggs v. HHS - DPT/DTP, hypertension, hearing loss, Type II diabetes, and numerous cognitive disorders, including autism, attention deficit hyperactivity disorder (“ADHD”), obsessive compulsive disorder (“OCD”), and borderline personality disorder (“BPD”) (2024)

Leonora Briggs, a minor at the time of vaccination, filed a petition for vaccine compensation alleging that childhood vaccinations, including DPT, received in 1965 and through 1974, caused hypertension, hearing loss, Type II diabetes, and numerous cognitive disorders including autism, ADHD, OCD, and BPD. The petition was filed on March 20, 2024.

The court noted that the vaccinations occurred in 1965 and at the latest in 1974, making the claim subject to a statute of repose under 42 U.S.C. § 300aa–16(a)(1). This statute required claims based on vaccinations before October 1, 1988, to be filed within 28 months of October 1, 1988, meaning claims based on vaccinations before October 1, 1981, had to be filed before February 1, 1991.

The petitioner argued for equitable tolling due to unawareness of the Vaccine Act, but the court cited precedent that ignorance of the law or the discovery rule does not justify tolling. Therefore, the court found the claim to be time-barred by the statute of repose and dismissed the petition.