Nora Kenney v. HHS - Tdap, autoimmune epilepsy (2016)

Nora Kenney filed a petition on June 8, 2011, alleging that tetanus-diphtheria-acellular pertussis (Tdap), meningococcal, and human papillomavirus (HPV) vaccinations she received on June 16, 2008, along with a second HPV vaccination on August 13, 2008, caused her to develop autoimmune epilepsy. She experienced a syncopal event on June 21, 2008, five days after vaccination, followed by confirmed seizures beginning September 2, 2008.

Special Master Moran issued a published decision on January 16, 2015 denying compensation. Applying the Broekelschen/Lombardi framework, the Special Master found that petitioner failed to establish by a preponderance of the evidence that she suffered from autoimmune epilepsy.

Several factors supported this finding: (1) no treating neurologist ever diagnosed autoimmune epilepsy or ordered testing for neural antibodies; (2) petitioner's seizures were largely controlled when she complied with medication and avoided alcohol, sleep deprivation, and antihistamines — inconsistent with the high-frequency drug-resistant pattern of autoimmune epilepsy; (3) both MRI scans and both EEGs were negative for signs of neurological inflammation; and (4) no spinal tap was ever performed to assess cerebrospinal fluid. The Special Master credited respondent's expert, Dr.

Rajesh Sachdeo (epilepsy specialist with experience treating over 10,000 epilepsy patients and 30–40 autoimmune epilepsy cases), over petitioner's expert, Dr. Spencer Weig (pediatric neurologist, general practice).

Because petitioner could not establish the underlying injury, the Special Master did not reach the Althen causation analysis. Compensation was denied and judgment entered accordingly.

During the pendency of the case, the parties stipulated to an interim award of $82,000.00 in attorneys' fees and costs, reduced from the $87,270.35 requested.