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, * Entitlement, dismissal

 *

 Respondent. *

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

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UNPUBLISHED DECISION DENYING COMPENSATION1

Conor Brennan2filed a petition, under the National Childhood Vaccine 

Injury Act, 42 U.S.C. § 300aa—10 through 34, on September 27, 2017. The

petition alleged that the human papillomavirus (HPV) vaccines 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 to an award under the Program.

 

1 The 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 submitting 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 undersigned 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

To receive compensation under the National Vaccine Injury Compensation 

Program, petitioners 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 significantly 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 petitioner’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 establish the other burdens necessary to be 

entitled to compensation.

Accordingly, the undersigned finds that Mr. Brennan has not demonstrated

that the HPV vaccinations “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) 

357-6360.

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master