Cynthia Smith v. HHS - Influenza, Chronic Inflammatory Demyelinating Polyneuritis (CIDP) and/or Guillain-Barré syndrome (GBS) (2017)

Cynthia Smith filed a petition on October 18, 2012, alleging that a Fluzone influenza vaccination she received on August 24, 2011 caused her to develop Chronic Inflammatory Demyelinating Polyneuritis (CIDP) and/or Guillain-Barré syndrome (GBS). The central dispute was onset timing.

Petitioner alleged that her CIDP/GBS symptoms began within a month of her August 2011 vaccination. Respondent maintained that onset did not begin until late December 2011.

Special Master Corcoran issued Findings of Fact on August 31, 2016, concluding that petitioner's symptoms began no earlier than December 29, 2011. The Special Master invited petitioner to obtain an expert report supporting her claim consistent with that fact determination.

Petitioner instead moved for Judgment on the Administrative Record, largely objecting to the onset ruling without requesting reconsideration. Special Master Corcoran dismissed the petition on January 3, 2017.

Earlier in the case, petitioner's original counsel Thomas P. Gallagher withdrew on June 27, 2014.

On May 27, 2015, the parties stipulated to an interim award of attorneys' fees of $17,434.65, payable to Mr. Gallagher, for his work while counsel of record.