Karen G. Schmidt v. HHS - Influenza, Guillain-Barré Syndrome (2015)

Karen G. Schmidt filed a petition on March 11, 2015, alleging that she developed Guillain-Barré Syndrome (GBS) in January 2011 after receiving an influenza vaccine on October 7, 2010.

The initial decision on March 11, 2015, dismissed the case for insufficient proof of causation. The court found that Ms.

Schmidt did not present evidence of a Table injury, nor did she provide expert medical opinions or other persuasive evidence to establish that the flu vaccine caused her GBS. The decision noted that the approximately three-month gap between vaccination and symptom onset was not considered a medically acceptable timeframe, and that a viral gastrointestinal illness occurring two weeks prior to GBS onset was a more likely cause.

However, a subsequent stipulation on July 30, 2015, led to a decision awarding attorney's fees and costs. The parties jointly proposed, and the court approved, a lump sum of $20,469.00 payable to Petitioner and her counsel.

No reimbursable costs were incurred by Petitioner. The case was then dismissed based on the terms of the stipulation.