Catherine Mistele v. HHS - HPV, postural orthostatic tachycardia syndrome (POTS) (2025)

On October 3, 2024, Catherine Mistele filed a petition on behalf of her minor child, J.M., alleging that J.M. suffered injuries from a human papillomavirus (HPV) vaccination received on October 20, 2020. The petition stated that J.M. experienced severe fatigue and syncope after the vaccination and was later diagnosed with postural orthostatic tachycardia syndrome (POTS).

The respondent was the Secretary of Health and Human Services. The case was dismissed because the petition was filed outside the Vaccine Act's 36-month statute of limitations.

Petitioner argued for equitable tolling, claiming she was unaware of the Vaccine Program and that the vaccine manufacturer engaged in fraudulent conduct. The court found that the statute of limitations begins to run from the manifestation of symptoms, not from when the claimant learns of a potential cause of action or legal remedy.

The court also determined that the petitioner failed to demonstrate diligent pursuit of her rights or the existence of extraordinary circumstances that would justify equitable tolling. Allegations of manufacturer misconduct and the failure to provide a Vaccine Information Statement (VIS) were deemed insufficient to toll the statute of limitations.

The public decision does not describe the specific clinical story beyond the initial symptoms and diagnosis, nor does it name petitioner's counsel or respondent's counsel beyond their affiliations. Chief Special Master Brian H.

Corcoran issued the decision. The case was dismissed as untimely filed.