Khonstince Couch v. HHS - HPV, systemic lupus erythematosus (2014)

Yvonne Harris, as mother and natural guardian of Khonstince Couch, a minor, filed a petition for compensation on May 26, 2010, alleging that the human papillomavirus (HPV) vaccinations Khonstince received on May 30, 2007, and August 1, 2007, caused her to develop systemic lupus erythematosus (SLE). The petitioner's expert, Dr.

Yehuda Shoenfeld, proposed three theories of causation: adjuvant-induced autoimmunity, molecular mimicry, and bystander activation. The respondent presented four expert witnesses: Dr.

Carlos D. Rose, Dr.

Lawrence D. Frenkel, Dr.

Theodore C. Eickhoff, and Dr.

Edward W. Cetaruk.

The Special Master, Christian J. Moran, considered the evidence and found that the petitioner failed to establish a persuasive medical theory connecting the HPV vaccine to lupus.

The court also found that the evidence preponderated in favor of Khonstince already suffering from lupus before receiving the vaccinations, thus failing the temporal and logical sequence prongs of the Althen test. The public decision does not describe the specific onset of symptoms, the exact medical tests performed beyond those related to lupus diagnosis, or the specific treatments for lupus.

The decision was issued on July 8, 2014, denying entitlement to compensation. Subsequently, on April 14, 2015, Special Master Moran issued a decision on fees and costs, awarding a total of $126,000.00 to petitioner's counsel, Michael A.

London of Douglas & London, P.C., for attorneys' fees and costs, as the petition was brought in good faith and with a reasonable basis. The respondent was represented by Ann D.

Martin of the United States Department of Justice.