Emma Barnes v. HHS - HPV, Crohn's disease and other alleged symptoms after HPV vaccination (2025)
Case summary [AI summaries can sometimes make mistakes]
On September 3, 2025, Emma Barnes filed a petition alleging that three human papillomavirus (HPV) vaccinations caused headaches, fatigue, rashes, vision trouble, an injection-site bump, later gastrointestinal symptoms, and Crohn's disease. She received the HPV doses on August 9, 2019, October 24, 2019, and February 26, 2020; she was sixteen at the first dose and seventeen at the second and third.
The case turned on timeliness rather than medical causation. Ms.
Barnes alleged symptoms beginning in 2020, but the petition was filed more than five years after the last HPV dose and more than thirty-six months after symptom onset. Chief Special Master Corcoran ordered her to show cause why the petition should not be dismissed.
She argued for equitable tolling, stating that she did not learn about the Vaccine Program until July 2023, that a provider failed to give a Vaccine Information Statement, and that manufacturer conduct should excuse the late filing. Respondent argued that the claim was untimely.
On December 3, 2025, the Chief Special Master dismissed the petition. He held that the Vaccine Act has no discovery rule, that lack of awareness of the Vaccine Program does not establish equitable tolling, and that Ms.
Barnes had not shown diligent pursuit or extraordinary circumstances preventing a timely filing. The decision also noted that allegations about the manufacturer were speculative and did not change the Vaccine Act causation standard.
No compensation was awarded.
Theory of causation
Minor/adolescent petitioner; HPV vaccines August 9, 2019 (age 16), October 24, 2019 (age 17), and February 26, 2020 (age 17); alleged headaches, fatigue, rashes, vision trouble, injection-site bump, GI symptoms/Crohn's disease. DISMISSED as untimely. Symptoms allegedly began in 2020; petition filed September 3, 2025. Equitable tolling rejected: no discovery rule, lack of awareness insufficient, no diligent pursuit/extraordinary circumstance. SM Corcoran December 3, 2025. No award.
Source PDFs
USCOURTS-cofc-1_25-vv-01466