# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * *

CONOR P. BRENNAN, *

* No. 17

- 1346V

Petitioner, * Special Master Christian J. Moran

*

v. *

* Filed: October 26 , 2018

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * E ntitlement, dismissal

*

Respo ndent. *

* * * * * * * * * * * * * * * * * * * * *

Jessica A. Wallace

, Siri & Glimstad LLP, New York, NY

, for petitioner;

Voris E. Johnson , United States Dep’t of Justice, Washington, DC, for respondent.

UNPUBLISHED DECISION DENYING COMPENSATION 1

Conor Brennan 2 filed a petition

, under the National Childhood Vacc ine

Injury Act, 42 U.S.C. § 300a a

— 10 through 34

, on September 27, 2017

. The

petition alleged that the human papillomavirus (HPV) vaccine s he received on

September 29, 2014, and March 4, 2015

, caused him to suffer an immune mediated

encephalopathy and/or autoimmune encephalitis, which led to the development of

various symptoms

. See Petition, filed Sept. 27, 2017, at 1

- 2

. The information in

the record, however, does not show entitlement t o an award under the Program.

1 T he E

- Government Act, 44 § 3501 note (2012) (Federal Management and Promotion of

Electronic Government Services), requires that the Court post this decision on its website.

Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of

medical information or other information described in 42 U.S.C. § 300aa

- 12(d)(4). Any

redactions ordered by the special master will appear in the document posted on the website.

2 Conor Brennan ’s mother, Chrisitina Biesold, filed the petition on his behalf because he

had not yet reached the age of majority. Mr. Brennan subsequently became the petitioner once

he turned eighteen. Order, issued Aug. 2, 2018. This decision will refer to Mr. Brennan as the

petitioner for simplicity.2

I. Procedural History

Mr. Brennan filed his petition on September 27, 2017. Following multiple

extensions of time, Mr. Brennan finished s ubmitti ng his medical records and filed

a statement of completion on January 30, 2018.

On May 7, 2018, the Secretary filed his Rule 4 report opposing a finding of

entitlement. The Secretary argued that Mr. Brennan had not clearly identified the

injury he was alleging and that his treating doctors believed many of the symptoms

he complained of originated from psychiatric issues. Resp’t’s Rep. at 16. The

Secretary also noted that Mr. Brennan had not yet proposed a medical theory for

how the HPV vaccinations caused his injuries.

At the Rule 5 status conference on May 21, 2018, the undersigne d proposed

that the parties submit expert reports limited in scope to Mr. Brennan’s diagnosis.

The undersigned then issued expert instructions to guide the experts on addressing

this issue.

Mr. Brennan never filed this initial expert report and instead filed a Motion

for a Decision Dismissing the Petition on September 6 , 2018.

This matter is now ready for adjudication.

II. Analysis

T o receive compensation under the National Vaccine Injury Co mpensation

Program

, petitioner s must prove either 1) that petitioner suffered a “Table Injury”

– i.e., an injury falling within the Vaccine Injury Table

– corresponding to one of

petitioner’s vaccinations, or 2) that petitioner suffered an injury that was actually

caused or significantl y aggravated by a vaccine. See §§ 300aa

— 13(a)(1)(A) and

300aa

— 11(c)(1). An examination of the record did not uncover any evidence that

petitioner suffered a “Table Injury.” Further, the record does not contain other

persuasive evidence indicating that p etitioner ’s injuries are vaccine

- caused or

significantly aggravated by a vaccine

.

Under the Act, a petitioner may not be given a Program award based solely

on petitioner’ s claims alone. Rather, the petition must be supported by either

medical records or by the opinion of a competent physician. § 300aa

— 13(a)(1).3

In this case, because the medical records do not sufficiently support petitioner’s

claim, a medical opinion must be offered in support. A medical opinion has not

been offered.

In his motion, Mr. Brennan stated that he “ does not believe that he will be

able to prove he is entitled to compensation as required under the Rules of the

[ Vaccine Injury Compensation Program ]

. ” Because Mr. Brennan has not even

established his diagnosis, he cannot esta blish the other burdens necessary to be

entitled to compensation.

Accordingly, the undersigned finds that Mr. Brennan has not demonstrate d

that the HPV vaccination s “actually caused” or “significantly aggravated” his

injuries

.

Thus, the Motion for Decision is GRANTED and this case is

DISMISSED for insufficient proof. The Clerk shall enter judgment

accordingly.

Any questions may be directed to my law clerk, Andrew Schick , at (202)

357

- 63 60

.

IT IS SO ORDERED.

s/Ch ristian J. Moran

C hristian J. Moran

Special Master