Lakeysha Isaac v. HHS - Td, Guillain-Barré Syndrome (GBS) (2014)

Lakeysha Isaac filed her petition on August 26, 2008, alleging that a tetanus-diphtheria vaccine she received on September 13, 2005 had caused her to develop Guillain-Barré syndrome. Respondent opposed compensation and requested dismissal.

The presiding special master held a hearing on July 27, 2010 and issued an entitlement decision on July 30, 2012 finding that Ms. Isaac had not established causation; specifically, she was unable to demonstrate causation under prongs one and two of the Althen framework and the petition was dismissed.

Ms. Isaac filed a motion for review.

The Court of Federal Claims reviewed the record and issued a decision reported at 108 Fed.Cl. 743 (2013), finding that the special master's decision was not arbitrary or capricious, and denied the motion for review. Ms.

Isaac appealed to the Federal Circuit, which docketed the case as No. 2013-5075. After oral argument on November 7, 2013, the Federal Circuit issued a per curiam opinion on November 8, 2013, affirming the judgment of the Court of Federal Claims.

On June 11, 2014, Ms. Isaac filed a motion for attorneys' fees and costs.

Her counsel had gathered and filed medical records, engaged in status conferences, obtained an expert report, prepared and participated in a hearing, conducted settlement negotiations, filed a motion for review, and argued before the Federal Circuit. Special Master Moran found that the petition had been filed in good faith and that there was a reasonable basis for proceeding, satisfying the standard for a fees award under 42 U.S.C. § 300aa-15(e)(1) even though compensation was denied.

The parties negotiated a reduced request; respondent did not object to the final amount. On June 20, 2014, the special master awarded $143,382.59 in attorneys' fees and litigation costs payable jointly to Ms.

Isaac and her attorney, Renee J. Gentry, and an additional $250.00 directly to Ms.

Isaac for out-of-pocket costs she personally incurred.