Jennifer Robi v. HHS - HPV, acquired demyelination neuropathy or an aggravation of existing fibromyalgia (2015)

Jennifer Robi filed a petition on September 25, 2013, alleging that human papillomavirus (HPV) vaccinations administered on March 4, 2010, June 29, 2010, and January 20, 2011, and influenza (flu) vaccinations administered on October 1, 2010, and September 12, 2011, caused her to develop an acquired demyelinating neuropathy or an aggravation of her existing fibromyalgia. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests performed, or treatments received.

Petitioner's counsel was Sol P. Ajalat of Ajalat & Ajalat.

Respondent's counsel was Debra A. Filteau Begley of the United States Department of Justice.

Special Master Christian J. Moran presided over the case.

During status conferences, the parties discussed the need for petitioner to obtain an expert report opining that a vaccination caused her harm. Petitioner indicated she had consulted with a rheumatologist/immunologist and that her expert would need time to review medical records.

Petitioner later stated she had undergone extensive diagnostic testing with no tentative diagnosis besides fibromyalgia. Petitioner filed a motion for a ruling on the record, and respondent filed a response.

Special Master Moran denied compensation on April 15, 2015, finding that the medical records did not support petitioner's claim and that no competent medical opinion had been offered in support of causation. The Special Master determined that Ms.

Robi failed to demonstrate either a "Table Injury" or that her injuries were "actually caused" by a vaccination, thus dismissing the case for insufficient proof. On July 22, 2015, Special Master Moran awarded attorneys' fees and costs totaling $38,365.08.

This amount included $35,865.08 for attorneys' fees and litigation costs, payable to petitioner and her attorney, and $2,500.00 for out-of-pocket expenses incurred by petitioner. The award for fees and costs was based on the stipulation of fact concerning final attorneys' fees and costs, and the finding that petitioner brought her petition in good faith and had a reasonable basis for proceeding, even though compensation for the alleged vaccine injury was denied.