John Morris v. HHS - HPV, postural orthostatic tachycardia syndrome (POTS) and chronic fatigue syndrome (CFS) (2025)

John Morris filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered injuries from three human papillomavirus (HPV) vaccinations received on January 5, 2015, March 17, 2015, and July 30, 2015. He claimed that within days and weeks of the first vaccination, he experienced chest pain, anxiety, panic, insomnia, fatigue, migraine headaches, erectile dysfunction, lightheadedness, brain fog, short-term memory deficits, difficulty standing, and sensitivity to light.

He was later diagnosed with postural orthostatic tachycardia syndrome (POTS) and chronic fatigue syndrome (CFS). The court dismissed the case because the petition was filed over nine years after the vaccinations and symptom onset, exceeding the 36-month statute of limitations.

Mr. Morris argued for equitable tolling, claiming he was unaware of the Vaccine Program and that the manufacturer engaged in fraudulent concealment.

However, the court found these arguments unpersuasive. The court reiterated that the Vaccine Act does not have a discovery rule and that lack of awareness of the program or alleged manufacturer misconduct does not support equitable tolling.

The court noted that Mr. Morris had not provided evidence of the vaccinations or his injuries, and that claims of corporate misconduct were speculative and not a basis for tolling.

Ultimately, the court concluded that Mr. Morris failed to establish both diligent pursuit of his rights and extraordinary circumstances, leading to the dismissal of his untimely filed petition.