Barbara Hesse v. HHS - Influenza, Guillan-Barré syndrome (2014)

Barbara Hesse filed a petition on March 7, 2013, alleging that an influenza (flu) vaccination she received on October 22, 2010 caused her to develop Guillain-Barré syndrome (GBS). Special Master Moran held a fact-finding hearing via videoconference on December 4, 2013, and issued findings of fact on April 22, 2014 establishing that petitioner's weakness began approximately February 3, 2011, roughly fifteen weeks after her flu vaccination.

On May 12, 2014, petitioner filed a motion for a decision on the record, stating that she did not deem it worthwhile to continue pursuing the case. Special Master Moran dismissed the petition on June 11, 2014, finding that petitioner had failed to make a prima facie case that the flu vaccine caused her GBS.

The Special Master found that no expert opinion had been submitted, no medical records supported a causal link between flu vaccination and GBS with a fifteen-week onset, and no Table injury had been established. Special Master Moran subsequently awarded attorneys' fees and costs of $30,000.00 to petitioner and her counsel, Isaiah Kalinowski of Maglio Christopher & Toale, PA, finding that the petition had been filed on a good-faith basis.

Petitioner had not personally incurred any out-of-pocket litigation expenses.