Sandy Richardson v. HHS - Influenza, Guillain-Barré syndrome allegedly following influenza vaccine (2014)

On May 5, 2013, Sandy Richardson filed a petition under the National Vaccine Injury Compensation Program on behalf of her minor child, I.G. The petition alleged that an influenza vaccine administered on February 7, 1996, caused I.G. to suffer Guillain-Barré syndrome.

The public decision does not state I.G.'s exact age, describe I.G.'s pre-vaccination health, identify the onset date for weakness or other neurologic symptoms, summarize hospitalization or diagnostic testing, or provide a treating physician's narrative. After gathering the relevant medical records, petitioner was unable to identify an appropriate medical expert willing to offer an opinion on vaccine causation.

On September 24, 2014, petitioner moved for judgment on the record and sought dismissal of the claim. Special Master Brian H.

Corcoran issued a decision on October 15, 2014, dismissing the case for insufficient proof. He found no evidence that I.G. had suffered a "Table Injury" as defined by the Vaccine Injury Table, nor was there any medical expert opinion or other persuasive evidence showing that the alleged Guillain-Barré syndrome was caused by the influenza vaccine.

The Special Master noted that the Vaccine Act does not allow compensation based solely on a petitioner's claims and requires support from medical records or a competent physician's opinion. Because the petitioner could not provide expert testimony supporting causation, the claim could not succeed.

No injury compensation was awarded. A separate decision on attorneys' fees and costs was issued on October 21, 2014.

The parties stipulated to $21,500.00 in fees and costs, payable jointly to Sandy Richardson and her counsel, Lawrence R. Cohan of Anapol Schwartz.

Petitioner represented that she had not incurred reimbursable costs. This award was for litigation fees and costs, not for I.G.'s alleged vaccine injury.

Petitioner was represented by Lawrence R. Cohan.