Vivian Getman v. HHS - Influenza, CIDP versus Guillain-Barre syndrome [GBS] (2014)

Vivian Getman filed a petition for vaccine compensation on December 26, 2012, alleging that the influenza vaccine she received on October 26, 2010, caused her to develop CIDP versus Guillain-Barre syndrome (GBS). The petitioner was represented by Diana Stadelnikas Sedar, Esq. of Maglio, Christopher & Toale, PA.

The respondent was represented by Althea Davis, Esq. of the U.S. Department of Justice.

On August 28, 2014, the petitioner moved for a decision on the record, stating that she would not be filing a medical expert opinion. Special Master Thomas L.

Gowen noted that to receive compensation, the petitioner must prove either a "Table Injury" or that her injuries were actually caused by the vaccine. The record did not contain evidence of a "Table Injury" or persuasive evidence that the injury was vaccine-caused.

The public decision does not describe the onset of symptoms, specific medical records, or any treatments. Because the petitioner failed to demonstrate entitlement to an award under the Program due to insufficient proof, the petition was dismissed on September 15, 2014.

Subsequently, on February 26, 2015, the parties filed a stipulation for attorneys' fees and costs. On February 26, 2015, Special Master Gowen awarded $26,600.00 in a lump sum, payable jointly to the petitioner and her counsel, for attorneys' fees and costs, finding the petition was brought in good faith with a reasonable basis.