C. K., as Mother and Next Friend of V.K. v. Secretary of Health and Human Services

113 Fed. Cl. 757, 2013 WL 6701282
CourtUnited States Court of Federal Claims
DecidedDecember 19, 2013
Docket11-355V
StatusPublished
Cited by32 cases

This text of 113 Fed. Cl. 757 (C. K., as Mother and Next Friend of V.K. v. Secretary of Health and Human Services) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
C. K., as Mother and Next Friend of V.K. v. Secretary of Health and Human Services, 113 Fed. Cl. 757, 2013 WL 6701282 (uscfc 2013).

Opinion

*760 OPINION

ERIC G. BRUGGINK, Judge

Currently before the court is petitioner’s motion for review of the Special Master’s ruling of May 30, 2013 denying compensation for an injury allegedly caused by a vaccine. The matter is fully briefed, and oral argument was held on October 18, 2013. For the reasons explained below, we deny petitioner’s motion for review.

On June 6, 2011, petitioner, C.K., filed a petition for compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34 (2006) (“Vaccine Act”), on behalf of her minor daughter, V.K. (“V”). The petition alleges that V developed systemic juvenile idiopathic arthritis (“SJIA”) because she received two doses of the human papillomavirus (“HPV’) vaccine. Specifically, petitioner’s theory of the case was that the HPV vaccine causes an increase in particular cytokines, the same cytokines are implicated in SJIA, and therefore the HPV vaccine can be a significant factor in causing SJIA. After conducting a hearing, reviewing epidemiological studies, and weighing the evidence provided by the experts, the Special Master concluded that petitioner had failed to establish a persuasive theory of causation and denied petitioner’s request for compensation. See Koehn v. Sec’y of Health & Human Servs., No. 11-355V, 2013 WL 3214877 (Fed.Cl.Spec.Mstr. May 30, 2013) (hereinafter “Decision”).

BACKGROUND 1

I. Facts

V was born in 1995. She was generally healthy throughout childhood. She had no remarkable medical events for the first twelve years of her life other than asthma. Dr. Elena R. Regala, Vs routine physician, administered the first dose of the HPV 2 vaccine in February of 2008 during a regular checkup. The brand of HPV vaccine given to V was Gardasil, which is manufactured by Merck. 3 Gardasil provides immunization against four strands of virus: HPV-6, HPV-11, HPV-16, and HPV-18, and is therefore referred to as a quadrivalent HPV vaccine.

The HPV vaccine contains virus-like particles (“VLP”) that were created from the LI protein of the human papillomavirus. In order to generate a robust immune response sufficient to generate long term immunity, *761 the vaccine contains an adjuvant 4 and is delivered intramuseulary. This vaccine can cause the host to produce more antibodies than he or she would have produced in response to a natural infection.

The second dose of Gardasil was given to V on April 18, 2008. On or around June 21, 2008, V experienced a rash all over her body. This caused her on June 24, 2008 to visit Dr. Regala, who prescribed Benadryl and prednisone for what Dr. Regala believed to be an allergic reaction. Within three days, Vs rash had disappeared. After V stopped taking the prednisone, she developed pain in multiple places including her knees, thighs, and calves. V was admitted to Marian Medical Center on June 28, 2008, for severe joint pain and high fever. While at the hospital, V received medical tests, saw a Rheumatologist, and was prescribed prednisone. On July 2, 2008, she was discharged from the hospital with a presumptive discharge diagnosis of juvenile idiopathic arthritis. At the time she was discharged, V no longer had a fever or joint pain but still had a rash.

The cause of SJIA is unknown. The annual incidence rate of this disease in children less than 16 years of age is between 0.3 and 0.8 out of every 100,000. Children with SJIA exhibit symptoms of arthritis and a recurring fever for at least two weeks as well as a rash, enlargement of the liver or spleen, lymphadenopathy, or serositis. When a child with SJIA has active inflammation, commonly referred to as a flare, he or she may experience muscle pain, pain in more than one joint, a fever, and a rash. SJIA may also cause problems with the heart, liver, or in rare cases, the central nervous system.

Many of the symptoms described above are associated with a dysfunction of the innate immune response and a corresponding increase in the production of pro-inflammatory cytokines. A cytokine is a protein which is released almost immediately by certain cells when they come into contact with a specific antigen. When the cytokine is released it signals other cells to generate an immune response. In short, cytokines are like smoke signals which cells send out to indicate the presence of an invasion and to elicit a defensive response. Respondent’s expert testified that the cytokine response is almost universal. 5 There are, however, specific cytokines which are recognized as being either anti-inflammatory or pro-inflammatory. Pro-inflammatory cytokines can lead to fever, increased vascular permeability, and increased synovial inflammation. “The specific pro-inflammatory cytokines that have been implicated in the development of SJIA include interleukin (“IL”) 1, IL-6, IL-7, IL-8, IL-18, macrophage inhibitory factor, and tumor necrosis factor [ (“TNF”) ].” Decision at *8. Because of the involvement of these cytokines, which are part of the innate immune system, SJIA is classified as an autoinflammatory disease as opposed to an autoimmune disease. 6

SJIA is treated by medications which minimize inflammation, including some combination of the following: any nonsteroidal anti-inflammatory pharmaceutical such as ibuprofen or naproxen; intravenous immu *762 noglobulin; cyclosporine-A; thalidomide; prednisone, which reduces inflammation and generally suppresses the immune system; etanercept, which targets and inhibits TNF; methotrexate, which is a folic acid inhibitor; tocilizumab, which inhibits IL-6 production; and anakinra, which is a IL-1 inhibitor.

After being discharged from the hospital, V saw a pediatric rheumatologist, Dr. Deborah McCurdy, on July 8, 2008, who noted that Vs family history included juvenile idiopathic arthritis and concluded that SJIA was a likely diagnosis in this case. Dr. McCurdy recorded that Vs vaccinations were up to date and that V had received two of three courses of the HPV vaccine. Dr. McCurdy communicated these findings to Dr. Regala. When Dr. Regala saw V again on August 19, 2008, she administered the third dose of HPV vaccine. At the time that V received the third course of Gardasil, she was no longer taking prednisone but had started etanercept. A physical therapist recorded that on August 25, 2008, V experienced a flare with symptoms of fever, rash, and increased joint pain. Dr. McCurdy saw V again on September 3, 2008. Dr. McCurdy noted that V complained of having some symptoms after stopping prednisone and that V had swollen ankles and knees. Dr. McCurdy concluded that V had improved but still showed signs of active disease while being treated with methotrexate and etanercept.

Dr. McCurdy continued to care for V through 2010. On January 12, 2011, V visited another pediatric rheumatologist, Dr. Alice Hoftman. During this visit, Dr. Hoftman recommended that V receive the influenza vaccine.

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113 Fed. Cl. 757, 2013 WL 6701282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/c-k-as-mother-and-next-friend-of-vk-v-secretary-of-health-and-human-uscfc-2013.