Christina Breland v. HHS - HPV, seizure disorder and a mixed connective tissue disease (2015)

Christina Breland, born June 28, 1996, filed a petition on April 17, 2014, alleging that the human papillomavirus (HPV) vaccine administered on April 18, 2011, caused her to develop a seizure disorder beginning on April 20, 2011, and a mixed connective tissue disease that began in September 2013. The respondent was the Secretary of Health and Human Services.

Medical records indicated that Christina had a history of seizures prior to receiving the HPV vaccine, including episodes of sleep apnea and a recommendation from a pediatric pulmonologist on March 3, 2010, to see a neurologist to rule out a seizure disorder. She also reported episodes of stiffening of the body and confusion approximately one year before her vaccination, and episodes of staring and spacing out in the month prior to vaccination.

Following her HPV vaccination on April 18, 2011, she presented to the emergency department on April 20, 2011, with a generalized tonic-clonic seizure lasting five minutes. A rheumatologist diagnosed her with mixed connective tissue disease on December 5, 2013.

During status conferences, the Special Master noted the difficulty in proving causation, and petitioner's counsel indicated a need for additional medical records and consultation with experts. Ultimately, petitioner's counsel moved for a decision on the written record, stating that two medical experts had been consulted.

The respondent argued that the claim was not supported by medical records or expert opinion. Special Master Laura D.

Millman granted the petitioner's motion and dismissed the case on April 13, 2015, finding that Christina failed to prove by a preponderance of the evidence that the HPV vaccine significantly aggravated her pre-existing seizure disorder or caused her mixed connective tissue disease. The public decision does not describe the specific medical theories of the consulted experts or the mechanism of injury.

A subsequent decision on December 16, 2015, awarded attorneys' fees and costs totaling $9,805.12, based on a stipulation of fact between the parties, with $9,541.02 payable jointly to petitioner and the Law Office of John McHugh for attorneys' fees and costs, and $264.10 payable to petitioner for her costs. Petitioner was represented by John F.

McHugh, and respondent was represented by Linda S. Renzi.