Jordan Berrong v. HHS - HPV, cervical cancer (2025)

Filed 2025-08-15Decided 2025-09-16Vaccine HPV
dismisseddeath

Case summary [AI summaries can sometimes make mistakes]

Tamala Berrong filed a petition on August 15, 2025, on behalf of her deceased adult child, Jordan Berrong, alleging that HPV vaccinations received in December 2012 and February 2013 caused Jordan to develop cervical cancer and ultimately die on January 7, 2023. Jordan was nineteen years old at the time of vaccination.

According to the petition, symptoms of cramping, nausea, vomiting, and menstrual issues allegedly began within weeks of the December 2012 vaccination. The petition was filed nearly twelve years after the last vaccination and Jordan's symptom onset, and over a year after Jordan's death.

The Special Master, Chief Special Master Brian H. Corcoran, dismissed the case because the petition was filed outside the Vaccine Act's statute of limitations.

Petitioner argued for equitable tolling, claiming she was unaware of the Vaccine Program and that the vaccine manufacturer engaged in fraudulent concealment. The Special Master found these arguments unpersuasive, stating that the Vaccine Act does not have a discovery rule and that lack of awareness or allegations of manufacturer misconduct do not constitute extraordinary circumstances for equitable tolling.

The Special Master noted that Petitioner had not provided medical records to substantiate her claims. The public decision does not describe the specific dates of vaccination, the specific onset date of symptoms, the specific diagnosis date of cervical cancer, the specific medical records, the specific expert witnesses, or the specific mechanism of causation.

Therefore, the case was dismissed as untimely filed.

Theory of causation

Petitioner Tamala Berrong filed a petition on behalf of her deceased adult child, Jordan Berrong, alleging that HPV vaccinations received in December 2012 and February 2013 caused cervical cancer and death. The petition was filed on August 15, 2025, outside the Vaccine Act's 36-month statute of limitations, which begins to run from the manifestation of the first objectively cognizable symptom. Petitioner sought equitable tolling, arguing unawareness of the Vaccine Program and alleged fraudulent concealment by the vaccine manufacturer. Chief Special Master Brian H. Corcoran dismissed the case, finding that the Vaccine Act does not have a discovery rule and that lack of awareness or allegations of manufacturer misconduct do not constitute extraordinary circumstances for equitable tolling. The Special Master noted the absence of medical records to substantiate claims and relied on prior rulings that the HPV vaccine is not preponderantly supported by medical science as causing various autonomic issues. The public decision does not detail the specific mechanism of causation, expert testimony, or award details, as the case was dismissed on statute of limitations grounds.

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