Julia Obermier v. HHS - HPV, extreme allergies, rapid heart rate, fatigue, abnormal perspiration without exercise, joint stiffness, abnormal menstruation, muscle fatigue, and weight gain, diagnosed as chronic fatigue (2025)

Julia Obermier, a 23-year-old adult, filed a petition on September 19, 2024, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered injuries from three human papillomavirus (HPV) vaccinations received on September 20, 2018, March 21, 2019, and September 23, 2019.

Ms. Obermier claimed that within six months of her final vaccination, by April 2020, she developed symptoms including extreme allergies, rapid heart rate, fatigue, abnormal perspiration without exercise, joint stiffness, abnormal menstruation, muscle fatigue, and weight gain.

She was later diagnosed with chronic fatigue in 2020. The petition was filed nearly five years after her last vaccination and over four years after her symptoms began.

The respondent, the Secretary of Health and Human Services, argued for dismissal due to the untimeliness of the filing. Ms.

Obermier argued that the statute of limitations should be equitably tolled, asserting that she was not provided with a Vaccine Information Statement (VIS) at the time of vaccination and only learned about the Vaccine Program and potential adverse effects in July 2023. She also alleged fraudulent conduct by the vaccine manufacturer in concealing the vaccine's dangers.

Chief Special Master Brian H. Corcoran issued a decision on March 12, 2025, dismissing the case.

The Special Master found that Ms. Obermier failed to establish the two elements required for equitable tolling: diligent pursuit of her rights and an extraordinary circumstance preventing timely filing.

The Special Master noted that the Vaccine Act does not have a discovery rule and that the statute of limitations is triggered by the onset of symptoms, regardless of whether the claimant understood their significance. The failure to be informed about the Vaccine Program or the Act does not support equitable tolling.

Furthermore, the Special Master found Ms. Obermier's allegations of fraudulent conduct by the manufacturer to be speculative and not a basis for tolling, as they were not specific to her personally and did not rise to the level of "fraud" that would excuse a late filing.

The Special Master also rejected the argument that the vaccine administrator's failure to provide a VIS constituted an extraordinary circumstance, reiterating that claims accrue upon symptom onset and lack of information does not toll the statute. 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.