Brian Barkas v. HHS - Influenza, transverse myelitis (2015)

Brian Barkas filed a petition on November 15, 2011, alleging that an influenza vaccination he received on August 31, 2010 caused him to develop transverse myelitis. Brian Barkas died intestate with no assets after the petition was filed; his wife, Donna Barkas, was substituted as petitioner in July 2014.

On July 18, 2014, petitioner moved for a final decision on the record, acknowledging that no expert report would be filed in this case. Special Master Hamilton-Fieldman dismissed the petition for insufficient proof.

The record contained insufficient medical records supporting petitioner's claim and no competent medical opinion in support; under the Vaccine Act, a claim may not rest solely on petitioner's claims but must be supported by either medical records or a physician's opinion. The special master found no Table injury and no persuasive causation-in-fact evidence.

On January 20, 2015, the parties filed a stipulation for attorneys' fees and costs. The special master found that the petition had been brought in good faith and that there had existed a reasonable basis for the claim, and accordingly awarded $45,000.00 in fees and costs under 42 U.S.C. § 300aa-15(b) and (e)(1), payable jointly to petitioner and counsel, F.

John Caldwell Jr. of Maglio, Christopher & Toale, PA. Petitioner had not personally incurred any expenses.