Conor Brennan v. HHS - HPV, immune mediated encephalopathy and/or autoimmune encephalitis (2018)

Conor Brennan, a minor at the time of vaccination, filed a petition on September 27, 2017, alleging that the human papillomavirus (HPV) vaccines he received on September 29, 2014, and March 4, 2015, caused him to suffer immune-mediated encephalopathy and/or autoimmune encephalitis, leading to various symptoms. His mother, Christina Biesold, initially filed the petition on his behalf.

The Secretary of Health and Human Services opposed entitlement, arguing that the petitioner had not clearly identified his injury and that treating doctors believed many of his symptoms originated from psychiatric issues. The Special Master proposed that the parties submit expert reports limited to the diagnosis, and issued expert instructions.

However, Conor Brennan, who had since turned eighteen and become the petitioner, did not file an initial expert report. Instead, he filed a motion to dismiss the petition on September 6, 2018, stating he did not believe he could prove entitlement.

The Special Master noted that to receive compensation, petitioners must prove either a "Table Injury" or that the vaccine actually caused or significantly aggravated the injury. The public decision does not describe the specific symptoms, onset, or medical records submitted.

The Special Master found that the medical records did not sufficiently support the claim and that no medical opinion had been offered to establish causation. Consequently, the Special Master granted the motion to dismiss for insufficient proof.

The decision was signed by Special Master Christian J. Moran on November 26, 2018.