Susan Zalewski v. HHS - Td/Tetanus, neuropathy (2015)

Susan Zalewski filed a petition on February 12, 2014, alleging she suffered from neuropathy as a result of a tetanus toxoid-diphtheria vaccine received on August 23, 2012. The respondent was the Secretary of Health and Human Services.

Petitioner's counsel investigated the facts and science supporting the case and determined that they would be unable to prove entitlement to compensation. Consequently, Petitioner filed a motion to dismiss her petition, stating that the investigation demonstrated she could not prove entitlement.

The Special Master, Lisa Hamilton-Fieldman, reviewed the case and found that the record did not contain evidence of a Table Injury or a medical expert's opinion to establish causation. The public decision does not describe the onset or specific symptoms of the alleged neuropathy, nor does it mention any medical records or treatments.

As compensation requires proof of a Table Injury or a vaccine-caused injury supported by medical records or a physician's opinion, and neither was present, the petition was dismissed for insufficient proof on April 3, 2015. Subsequently, on May 15, 2015, Special Master Hamilton-Fieldman awarded Petitioner's attorneys $17,974.48 in fees and costs based on a stipulation of facts.

This award was made because the case was brought in good faith and had a reasonable basis. The award was broken down as $6,474.48 jointly payable to Petitioner and Petitioner's attorney, Paul Brazil, Esq., for attorneys' fees and costs, and $11,500.00 jointly payable to Petitioner and Thomas Gallagher, Esq., LLC, for attorneys' fees and costs.