VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00630
Package ID: USCOURTS-cofc-1_13-vv-00630
Petitioner: Cathy L. Jackson
Filed: 2013-08-30
Decided: 2014-06-06
Vaccine: influenza
Vaccination date: 2010-10-05
Condition: variant of Guillain-Barré Syndrome
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Cathy L. Jackson alleged that an influenza vaccine administered on October 5, 2010, caused a variant of Guillain-Barré Syndrome (GBS) with onset on March 19-20, 2011, approximately five and a half months later. The petition was dismissed by Special Master Laura D. Millman on March 6, 2014. The Special Master found that the five and a half month interval between vaccination and alleged GBS onset was too long, as she had never found an interval greater than two months to be appropriate for vaccine causation of a demyelinating disease. Furthermore, the Special Master noted that petitioner's GBS occurred three weeks after a viral illness, which is a more plausible proximate cause. Petitioner did not file an expert report or provide medical records supporting a causal link between the vaccination and her GBS, failing to meet the requirements of the Althen test for causation. Petitioner's counsel, F. John Caldwell, Jr., agreed that the case should not proceed. The petition was dismissed on the record. Subsequently, on May 16, 2014, Special Master Millman awarded attorneys' fees and costs totaling $18,172.10, based on a stipulation of fact between petitioner and respondent, payable jointly to petitioner and Maglio, Christopher & Toale, P.A.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00630-0
Date issued/filed: 2014-03-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/06/2014) regarding 16 DECISION of Special Master Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00630-UNJ Document 21 Filed 03/27/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-630V
March 6, 2014
Not to be Published
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CATHY L. JACKSON, *
*
Petitioner, *
*
v. * influenza vaccine; five-month
* onset of Guillain-Barré Syndrome;
* petitioner moves for decision on
SECRETARY OF HEALTH * the record; no expert opinion or
AND HUMAN SERVICES, * medical records in support
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
F. John Caldwell, Sarasota, FL, for petitioner.
Linda S. Renzi, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION1
Petitioner filed a petition on August 30, 2013, under the National Childhood Vaccine
Injury Act, 42 U.S.C. § 300aa-10-34 (2012). Petitioner alleges that her influenza (“flu”)
vaccination on October 5, 2010, caused a variant of Guillain-Barré Syndrome (“GBS”), which
1 Because this decision contains a reasoned explanation for the special master’s action in
this case, the special master intends to post this decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116
Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special
masters will be made available to the public unless they contain trade secrets or commercial or
financial information that is privileged and confidential, or medical or similar information whose
disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is
filed, petitioner has 14 days to identify and move to redact such information prior to the
document’s disclosure. If the special master, upon review, agrees that the identified material fits
within the categories listed above, the special master shall redact such material from public
access.

Case 1:13-vv-00630-UNJ Document 21 Filed 03/27/14 Page 2 of 4
began March 19 or 20, 2011, five and one-half months later. See Pet.; Am. Pet.; Med. recs. Ex. 2,
at 125.
On February 5, 2014, the undersigned held a telephonic status conference with petitioner
and respondent, explaining that the undersigned has never gone beyond two months as an
appropriate interval for a vaccination to cause a demyelinating disease, and cited the
undersigned’s decision in Corder v. Sec’y of HHS, No. 08-228V, 2011 WL 2469736 (Fed. Cl.
Spec. Mstr. May 31, 2011) (onset of GBS four months after flu vaccination was too long to be
appropriate for causation; the undersigned has never gone beyond two months as an appropriate
time interval for causation). Moreover, in the instant action, petitioner’s GBS occurred three
weeks after a viral illness. Three weeks is an appropriate time interval for causation of GBS.
The undersigned discussed with the parties whether there was a reasonable basis for petitioner to
proceed with this claim. See 42 U.S.C. § 300aa-15(e)(1) (2012).
Petitioner’s counsel stated during the February 5th status conference that he did not
disagree with the undersigned’s analysis that the case should not proceed. Petitioner’s counsel
wanted a month to discuss the case with petitioner and to file a motion for a ruling on the record
afterward.
On March 6, 2014, petitioner filed a Motion for Final Decision on the Record, adding
“inasmuch as she will not be filing an expert report . . . .” Pet’r’s Mot., at 1.
The undersigned grants petitioner’s motion and dismisses her case.
FACTS
Petitioner was born on March 4, 1956.
On October 5, 2010, she received flu vaccine. Med. recs. Ex. 9, at 1.
On March 24, 2011, petitioner saw Dr. Michael J. Azrak at Rex Healthcare Emergency
Department, complaining of progressive weakness in her shoulders and arms spreading to her
legs, which had been present for four days (or since March 20, 2011). Med. recs. Ex. 2, at 125.
She had not had these problems before. Id. Petitioner had a viral infection three weeks earlier
with a cough and congestion, for which she was treated with Prednisone and Amoxicillin. Id.
From March 24–30, 2011, petitioner was in Rex Healthcare Hospital, where she told Dr.
Jeanne Lee that she had been feeling fine and folding her laundry while cleaning the house on
Saturday, March 19, 2011, when she had a sudden onset of heaviness with her left upper
extremity greater than her right upper extremity. Med. recs. Ex. 1, at 32. The following
morning, on March 20, 2011, she woke with left greater than right bilateral hand pain and
numbness, which had since progressed up her arms. Id. On Monday, March 21, 2011, she had
difficulty typing on the keyboard because she had difficulty in sensing and maneuvering her
fingers. Id. She now had difficulty with leg weakness. Id. Petitioner stated she had a sore
throat and congestion around March 4, 2011, for which she received ten days of antibiotics and
2

Case 1:13-vv-00630-UNJ Document 21 Filed 03/27/14 Page 3 of 4
steroids. Id. at 33. Petitioner’s discharge diagnosis was pharyngo-bronchial variant of GBS. Id.
at 36.
DISCUSSION
To satisfy her burden of proving causation in fact, petitioner must prove by preponderant
evidence: “(1) a medical theory causally connecting the vaccination and the injury; (2) a logical
sequence of cause and effect showing that the vaccination was the reason for the injury; and (3) a
showing of a proximate temporal relationship between vaccination and injury.” Althen v. Sec’y
of HHS, 418 F.3d 1274, 1278 (Fed. Cir. 2005). In Althen, the Federal Circuit quoted its opinion
in Grant v. Secretary of Health and Human Services, 956 F.2d 1144, 1148 (Fed. Cir. 1992):
A persuasive medical theory is demonstrated by “proof of a logical
sequence of cause and effect showing that the vaccination was the
reason for the injury[,]” the logical sequence being supported by
“reputable medical or scientific explanation[,]” i.e., “evidence in
the form of scientific studies or expert medical testimony[.]”
Althen, 418 F.3d at 1278.
Without more, “evidence showing an absence of other causes does not meet petitioner’s
affirmative duty to show actual or legal causation.” Grant, 956 F.2d at 1149. Mere temporal
association is not sufficient to prove causation in fact. Id. at 1148.
The Vaccine Act does not permit the undersigned to rule for petitioner based on her
claims alone, “unsubstantiated by medical records or by medical opinion.” 42 U.S.C. § 300aa-
13(a)(1) (2012).
Petitioner admits in her Motion for Final Decision on the Record that she will not be
filing an expert report. The medical records do not support her allegation that flu vaccine caused
her GBS five and one-half months later. Without an expert opinion or any statements in the
medical records causally linking petitioner’s vaccination to her GBS, petitioner has failed to
satisfy prong one of Althen.
Because petitioner has failed to prove that flu vaccine can cause GBS five and one-half
months later, she has also failed to prove that flu vaccine did cause her GBS five and one-half
months later. Petitioner has failed to satisfy prong two of Althen.
In addition, petitioner has failed to prove that five and one-half months is an appropriate
time interval to support a holding of causation of her GBS from her flu vaccination. Thus, she
has failed to satisfy prong three of Althen.
3

Case 1:13-vv-00630-UNJ Document 21 Filed 03/27/14 Page 4 of 4
Petitioner has not filed any evidence to prove entitlement in this Program. Petitioner has
failed to make a prima facie case. The undersigned GRANTS her motion to dismiss. This
petition is hereby DISMISSED.
CONCLUSION
This petition is DISMISSED. In the absence of a motion for review filed pursuant to
RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: March 6, 2014 s/Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party,
either separately or jointly, filing a notice renouncing the right to seek review.
4

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00630-1
Date issued/filed: 2014-06-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/16/2014) regarding 23 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00630-UNJ Document 26 Filed 06/06/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-630V
Filed: May 16, 2014
Not for Publication
*************************************
CATHY L. JACKSON, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
F. John Caldwell, Jr., Sarasota, FL, for petitioner.
Linda S. Renzi, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On May 15, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any out-of-pocket expenses in pursuit of her petition. Petitioner submitted her request for
attorneys’ fees and costs to respondent. During informal discussions, respondent raised
objections to certain items in petitioner’s application. Based on these objections, petitioner
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:13-vv-00630-UNJ Document 26 Filed 06/06/14 Page 2 of 2
amends her request for reimbursement for attorneys’ fees and costs to $18,172.10. Respondent
does not object to this amount. The undersigned finds this amount to be reasonable.
Accordingly, the court awards $18,172.10, representing reimbursement for attorneys’ fees and
costs. The award shall be in the form of a check made payable jointly to petitioner and Maglio,
Christopher & Toale, P.A. in the amount of $18,172.10.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: May 16, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2