Payton Bergin v. HHS - HPV, episodes of inability to walk and talk, short term memory loss, sleeping 15-17 hours a day, severe headaches, chronic fatigue and tiredness, dizziness, fainting, hallucinations, chronic joint pain, amnesic spells, and encephalopathy (2020)

Payton Bergin filed a petition on February 21, 2017, alleging that a human papillomavirus (HPV) vaccine administered on February 25, 2014, caused her to experience a range of symptoms including episodes of inability to walk and talk, short-term memory loss, sleeping 15-17 hours a day, severe headaches, chronic fatigue and tiredness, dizziness, fainting, hallucinations, chronic joint pain, amnesic spells, and encephalopathy. Initially, Ms.

Bergin was represented by Mr. Jeffrey Pop, who later sought to withdraw from the case, citing concerns about the reliability of a potential expert witness, Dr.

Jean Corbier, and an inability to find another expert to support Ms. Bergin's claim.

The Secretary of Health and Human Services opposed compensation, questioning the onset and duration of symptoms and the support from treating physicians, aside from Dr. Corbier, whose report had been found unreliable in a previous case.

Ms. Bergin's interim award for attorneys' fees and costs was denied without prejudice.

After retaining new counsel, Andrew D. Downing, Ms.

Bergin filed an expert report from Dr. Mitchell Miglis, who opined that the HPV vaccine caused Ms.

Bergin to develop symptoms of idiopathic hypersomnia. The Secretary countered with expert reports from Drs.

Andrew MacGinnitie and David Raizen. Dr.

Raizen challenged Dr. Miglis' diagnosis and use of narcolepsy data, while Dr.

MacGinnitie disputed that idiopathic hypersomnia is an autoimmune condition. Both of the Secretary's experts proposed conversion disorder as an alternative explanation for Ms.

Bergin's symptoms. Ms.

Bergin filed a supplemental report from Dr. Miglis, and the Special Master reconsidered and granted her motion for an interim award of attorneys' fees and costs.

Following further expert reports from the Secretary, Ms. Bergin moved to dismiss her petition on August 25, 2020.

She stated that this decision was a strategic choice and did not reflect a belief that her injuries were not vaccine-related. The Secretary did not oppose the motion.

Special Master Christian J. Moran granted the motion, dismissing the case with prejudice for insufficient proof.

The Special Master noted that the evidence weighed against a finding of idiopathic hypersomnia and that, without adequately proving the injury allegedly caused by the vaccine, the remainder of the case became moot, obviating the need to evaluate causation. The decision was issued on September 1, 2020, and judgment was entered accordingly.