Mary Byrd v. HHS - HPV, fainting episodes and tachycardia symptoms (2025)

Filed 2025-02-25Decided 2025-08-28Vaccine HPV
dismissed

Case summary [AI summaries can sometimes make mistakes]

On February 25, 2025, Mary Byrd filed a petition alleging that HPV vaccinations administered on October 16, 2017, February 22, 2018, and July 18, 2018 caused fainting episodes and tachycardia symptoms beginning in 2018. She was 13 years old at the first vaccination, so the case remains tagged as pediatric.

The case was dismissed on limitations grounds before medical causation was reached. Chief Special Master Brian H.

Corcoran ordered petitioner to show cause why the claim was not untimely, because the petition was filed more than six years after the vaccinations and alleged onset. Ms.

Byrd argued for equitable tolling, stating that she learned of possible adverse effects in February 2025, had not been given a Vaccine Information Statement at vaccination, and believed manufacturer conduct had affected her ability to pursue the claim. The Special Master held that the Vaccine Act does not include a discovery rule and that limitations run from the first symptom or manifestation of onset.

He found that lack of awareness of the Program or of a possible vaccine relationship, failure to receive a VIS, and general allegations about the manufacturer did not establish extraordinary circumstances or diligent pursuit. The petition was dismissed as untimely on August 28, 2025.

No compensation was awarded.

Theory of causation

HPV vaccinations on October 16, 2017, February 22, 2018, and July 18, 2018, first dose at age 13, alleged fainting and tachycardia symptoms beginning in 2018. DISMISSED as untimely. Petitioner sought equitable tolling based on learning of possible adverse effects in 2025, lack of Vaccine Information Statement, and alleged manufacturer misconduct. Chief Special Master Corcoran held the Vaccine Act limitations period runs from symptom onset, has no discovery rule, and petitioner showed neither diligent pursuit nor extraordinary circumstances. Decision August 28, 2025. Attorney: Michelle Greene, Lanier Law Firm.

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