Karen Johnson v. HHS - Hepatitis B, Multiple Sclerosis (“MS”) (2015)

Karen Johnson filed a petition for vaccine compensation on January 24, 2014, alleging that a Hepatitis B vaccination administered on June 27, 2012, caused her to develop Multiple Sclerosis (MS). The petition was filed on behalf of Karen Johnson.

The respondent was the Secretary of Health and Human Services. Petitioner's counsel was Anne C.

Toale of Maglio Christopher & Toale. Respondent's counsel was Althea W.

Davis of the U.S. Department of Justice.

Special Master Thomas L. Gowen presided over the case.

On December 8, 2014, the petitioner moved for a decision dismissing the petition. In a decision dated December 9, 2014, Special Master Gowen noted that the record did not show entitlement to an award under the National Vaccine Injury Compensation Program.

To receive compensation, a petitioner must prove either a "Table Injury" or that the vaccine "actually caused" the injury. The Special Master found no evidence that the petitioner suffered a "Table Injury." Furthermore, the record lacked persuasive evidence that the Hepatitis B vaccine caused the alleged injury.

The public decision does not describe the onset of symptoms, specific medical records, or any medical experts consulted by the petitioner. The Special Master stated that under the Act, a petition cannot be based solely on the petitioner's claims but must be supported by medical records or a competent physician's opinion.

As there were insufficient medical records and no supporting medical opinion, the petitioner failed to demonstrate entitlement. Consequently, the petition was dismissed for insufficient proof.

Subsequently, on May 14, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Gowen issued a decision on May 14, 2015, awarding attorneys' fees and costs.

The Special Master found that the petition was brought in good faith and had a reasonable basis. The parties stipulated to an amount of $31,360.00 for attorneys' fees and costs, which the Special Master found to be reasonable and appropriate.

The award was a lump sum of $31,360.00, payable jointly to the petitioner, Karen Johnson, and her attorney, Anne Toale, Esq.