Cynthia Adkins v. HHS - DTaP, Guillain-Barré syndrome (GBS) (2014)

Cynthia Adkins filed a petition on October 22, 2014, alleging that the Diphtheria, Tetanus, acellular-Pertussis (DTaP) vaccination she received on April 22, 2011, caused her to suffer Guillain-Barré syndrome (GBS). After an unsuccessful search for an expert witness, Ms.

Adkins filed a stipulation of dismissal on July 25, 2014. An order concluding proceedings was issued on July 29, 2014.

Although Ms. Adkins did not receive compensation for her alleged injury, her counsel, Isaiah R.

Kalinowski of Maglio Christopher and Toale, PA, sought attorneys' fees and costs. The basis for this request was that the petition was filed in good faith and had a reasonable basis.

Respondent, represented by Claudia B. Gangi of the United States Department of Justice, did not object to the requested amount.

Special Master Christian J. Moran reviewed the petition and the parties' subsequent discussions.

Petitioner's counsel had gathered and filed medical records and attempted to obtain an expert report before determining that an expert could not be located. Special Master Moran found that petitioner's counsel acted in good faith and that there was a reasonable basis for proceeding with the claim, making the petitioner eligible for an award of attorneys' fees and costs under 42 U.S.C. § 300aa-15(e).

The Court awarded attorneys' fees and costs in the amount of $12,831.05, which was paid via a check made payable to both Ms. Adkins and her attorney.

The Special Master noted that the petitioner incurred no out-of-pocket litigation expenses. The decision was issued on November 20, 2014.