Cathy L. Jackson v. HHS - Influenza, variant of Guillain-Barré Syndrome (2014)

Cathy L. Jackson filed a petition on August 30, 2013, alleging that an influenza vaccination she received on October 5, 2010, caused her to develop a variant of Guillain-Barré Syndrome (GBS).

Petitioner, born March 4, 1956, alleged the onset of her GBS symptoms on March 19 or 20, 2011, approximately five and a half months after her vaccination. Petitioner was represented by F.

John Caldwell, Jr. of Sarasota, FL. The respondent was represented by Linda S.

Renzi of Washington, DC. During a telephonic status conference on February 5, 2014, Special Master Laura D.

Millman explained that she had never found an interval greater than two months to be appropriate for a vaccine to cause a demyelinating disease, citing her prior decision in Corder v. Sec’y of HHS.

The Special Master noted that in Ms. Jackson's case, the GBS onset occurred three weeks after a viral illness, which is a more plausible proximate cause.

The Special Master discussed with the parties whether there was a reasonable basis for petitioner to proceed with her claim. Petitioner's counsel indicated that he did not disagree with the Special Master's analysis that the case should not proceed.

Petitioner's counsel requested one month to discuss the case with the petitioner and to file a motion for a ruling on the record. On March 6, 2014, petitioner filed a Motion for Final Decision on the Record, stating that she would not be filing an expert report.

The Special Master granted the motion and dismissed the petition. The Special Master found that petitioner had failed to satisfy the three prongs of the Althen test for causation: (1) a medical theory connecting the vaccination and the injury, (2) a logical sequence of cause and effect, and (3) a proximate temporal relationship.

The Special Master noted that the medical records did not support the allegation that the flu vaccine caused GBS five and a half months later, and that without expert opinion or supporting statements in the medical records, petitioner failed to establish a prima facie case. The petition was dismissed with no compensation awarded.

On May 16, 2014, Special Master Millman issued a decision awarding attorneys' fees and costs. This decision followed a stipulation of fact filed by the parties on May 15, 2014, agreeing on the amount for fees and costs.

Petitioner asserted she incurred no out-of-pocket expenses. After informal discussions where respondent raised objections to certain items, petitioner amended her request to $18,172.10.

Respondent did not object to this amount, and the Special Master found it reasonable. The award of $18,172.10 was to be paid by check jointly to Cathy L.

Jackson and Maglio, Christopher & Toale, P.A.