Janet Murray v. HHS - HPV, postural orthostatic tachycardia syndrome (POTS) (2025)
Case summary [AI summaries can sometimes make mistakes]
On October 3, 2024, Janet Murray filed a petition on behalf of her minor child, K.M., alleging that K.M. suffered injuries from two human papillomavirus (HPV) vaccinations received on April 16, 2019, and October 22, 2019, when K.M. was twelve years old. Petitioner alleged that within weeks of the first vaccination, K.M. began experiencing dizziness and increased need for sleep.
Following the second vaccination, K.M. developed weakness, fatigue, headaches, rapid heart rate, and nausea, with symptoms worsening over the subsequent year, leading to a diagnosis of postural orthostatic tachycardia syndrome (POTS). The petition was filed over five years after the vaccinations and the onset of symptoms.
Petitioner argued for equitable tolling of the statute of limitations, asserting that she was unaware of the Vaccine Program and the potential for adverse effects until the summer of 2022, and that the vaccine administrator failed to provide a Vaccine Information Statement (VIS). The respondent argued for dismissal due to untimeliness.
Chief Special Master Brian H. Corcoran reviewed the case.
The Special Master found that the petition was untimely filed and that Petitioner failed to establish grounds for equitable tolling. The court explained that the Vaccine Act does not have a discovery rule and that the statute of limitations begins to run from the manifestation of the first objectively cognizable symptom, regardless of whether the claimant understood it as significant.
The Special Master further noted that unawareness of the program or a lack of a VIS does not support equitable tolling. Allegations of manufacturer misconduct were also deemed irrelevant to the causation standard and not a basis for tolling.
Consequently, the case was dismissed for being untimely filed. Petitioner was represented by Bijan Esfandiari of Wisner Baum LLP, and Respondent was represented by Heather L.
Pearlman of the U.S. Department of Justice.
The decision was issued on June 24, 2025.
Theory of causation
Petitioner Janet Murray filed a petition on behalf of minor K.M. alleging injury from two HPV vaccinations on April 16, 2019, and October 22, 2019, when K.M. was twelve years old. Symptoms of dizziness and increased sleepiness began within weeks of the first vaccination, followed by weakness, fatigue, headaches, rapid heart rate, and nausea after the second vaccination, leading to a POTS diagnosis. The petition was filed on October 3, 2024, over five years after the vaccinations and symptom onset. Petitioner sought equitable tolling, claiming lack of awareness of the Vaccine Program until summer 2022 and failure to receive a VIS. Respondent argued untimeliness. Chief Special Master Brian H. Corcoran dismissed the case, finding the petition untimely and no basis for equitable tolling. The Special Master cited that the Vaccine Act lacks a discovery rule, the statute runs from symptom onset, and unawareness of the program or lack of a VIS does not support tolling. Allegations of manufacturer misconduct were also deemed irrelevant to causation and not grounds for tolling. Petitioner was represented by Bijan Esfandiari (Wisner Baum LLP) and Respondent by Heather L. Pearlman (U.S. Department of Justice). The decision date was June 24, 2025.
Source PDFs
USCOURTS-cofc-1_24-vv-01572