Cheryl Koehn v. HHS - HPV, systemic juvenile idiopathic arthritis (2015)
Case summary [AI summaries can sometimes make mistakes]
Cheryl Koehn, as mother and next friend of Vanessia Koehn, filed a petition on June 6, 2011, alleging that the human papillomavirus (HPV) vaccine caused her daughter to develop systemic juvenile idiopathic arthritis (sJIA). The case remained pending on appeal at the Court of Appeals for the Federal Circuit.
On September 15, 2014, Special Master Christian J. Moran issued a decision awarding interim attorneys' fees and costs totaling $82,000.00.
This award was made on an interim basis because the case had been pending for over three years without previous interim fee awards, and the petitioner's counsel had diligently represented her throughout the proceedings, including a pending appeal. The respondent did not object to the petition being filed in good faith and with a reasonable basis, nor to the interim award amount.
The public decision does not describe the specific onset of symptoms, medical tests, or treatments. A decision denying entitlement to compensation was previously issued on May 30, 2013, which was subsequently denied by the Court of Federal Claims and affirmed by the Federal Circuit.
On April 3, 2015, Special Master Christian J. Moran issued a further decision awarding a final amount for attorneys' fees and costs totaling $16,500.00, based on a stipulation between the parties.
The respondent did not object to this final amount. Petitioner's counsel was Patricia Leigh O'Dell.
Theory of causation
Petitioner Cheryl Koehn alleged that the human papillomavirus (HPV) vaccine caused her daughter, Vanessia Koehn, to develop systemic juvenile idiopathic arthritis (sJIA). The petition was filed on June 6, 2011. A decision denying entitlement to compensation was issued on May 30, 2013, which was subsequently denied by the Court of Federal Claims and affirmed by the Federal Circuit. Despite the denial of entitlement, petitioner was awarded interim attorneys' fees and costs totaling $82,000.00 on September 15, 2014, and a final award of $16,500.00 for attorneys' fees and costs on April 3, 2015, based on stipulations to which the respondent did not object. The respondent did not object to the good faith and reasonable basis of the petition. The specific medical mechanism, expert testimony, or evidence supporting the theory of causation for sJIA following HPV vaccination is not described in the provided public decisions concerning fees and costs.