Shea Kylie Sullivan v. HHS - HPV, rheumatoid arthritis (2015)
Case summary [AI summaries can sometimes make mistakes]
On June 28, 2010, Shea Kylie Sullivan filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that she suffered various arthritis-like injuries after receiving the Human Papillomavirus (HPV) vaccine. Ms.
Sullivan was nearly sixteen years old when she received her first dose of the Gardasil vaccine on June 27, 2007, followed by two more doses in August 2007 and January 2008. Approximately two to three months after her last vaccination, in late March or early April 2008, she began experiencing knee pain, which progressed to pain in multiple joints.
She was subsequently diagnosed with rheumatoid arthritis (RA). Ms.
Sullivan alleged that the HPV vaccine caused her RA. The respondent, the Secretary of Health and Human Services, denied entitlement.
The Special Master, Brian H. Corcoran, reviewed the record, which included medical records, affidavits, and expert testimony.
Petitioner's expert, Dr. Richard Roseff, proposed theories of molecular mimicry and aluminum adjuvant effects, drawing analogies to other vaccines and diseases.
Respondent's expert, Dr. Carlos Rosé, testified that there is no scientific support for an association between the Gardasil vaccine and rheumatic disease and that the proposed mechanisms were not scientifically sound.
The court also considered the Chao study, which found no increased risk of RA following Gardasil vaccination. Special Master Corcoran found that Ms.
Sullivan failed to establish causation under the three prongs of the Althen test: a reputable medical theory, a logical sequence of cause and effect, and a proximate temporal relationship. The Special Master found Dr.
Roseff's theories unpersuasive and not supported by reliable evidence, noting the lack of record support linking the vaccine to her RA and finding the temporal relationship too long. Therefore, Ms.
Sullivan's petition for entitlement was denied on March 27, 2015. A subsequent decision on July 17, 2015, awarded attorney's fees and costs totaling $75,500.00 based on a stipulation between the parties, with $50,500.00 payable to Petitioner and her former counsel, LeClairRyan, and $25,000.00 payable to Petitioner and her current counsel, Nelson Mullins.
Theory of causation
Petitioner Shea Kylie Sullivan alleged that the HPV vaccine caused her rheumatoid arthritis (RA). The Special Master found that Petitioner failed to establish causation under the three prongs of the Althen test. Petitioner's expert, Dr. Richard Roseff, proposed theories of molecular mimicry and aluminum adjuvant effects, citing studies on other vaccines and diseases, but the Special Master found these theories unpersuasive and not supported by reliable evidence, noting the lack of direct scientific support linking the Gardasil vaccine to RA and the significant temporal gap between vaccination and symptom onset. Respondent's expert, Dr. Carlos Rosé, testified that there is no scientific support for an association between the Gardasil vaccine and rheumatic disease. The Special Master also considered the Chao study, which found no increased risk of RA following Gardasil vaccination. The petition was denied. Petitioner's counsel was Sarah McIntee of Nelson Mullins Riley & Scarborough, LLP. Respondent's counsel was Alexis Babcock. Special Master was Brian H. Corcoran. A subsequent stipulation awarded attorney's fees and costs totaling $75,500.00.