Robyn Chang v. HHS - HPV, Guillain-Barré Syndrome (2016)

On August 8, 2014, Robyn Chang, as parent and next friend of E.F., a minor, filed a petition for compensation under the National Vaccine Injury Act of 1986. The petition alleged that E.F. developed Guillain-Barré Syndrome (GBS) after receiving the second dose of the human papillomavirus (HPV) vaccine on November 6, 2012.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on December 18, 2014, arguing that the petitioner failed to provide sufficient evidence to support the claim and that compensation should be denied. On September 14, 2015, the petitioner filed a motion for a dismissal decision, stating she did not intend to submit further evidence.

Respondent's counsel indicated they would not file a response to this motion. Chief Special Master Nora Beth Dorsey noted that to receive compensation, the petitioner must prove either a "Table Injury" (an injury listed in the Vaccine Injury Table) or that the vaccine actually caused the injury.

The record did not contain evidence of a Table Injury, nor did the petitioner allege one. Furthermore, the record lacked a medical expert's opinion or other persuasive evidence establishing that E.F.'s injuries were caused by the vaccination.

The public decision does not describe the onset or specific symptoms of E.F.'s alleged GBS, nor does it detail any medical records, tests, or treatments. Because the medical records were insufficient and no expert opinion was offered, Chief Special Master Dorsey dismissed the petition for insufficient proof on September 18, 2015.

Subsequently, the case was transferred to Special Master Mindy Michaels Roth. On December 2, 2015, the parties filed a Stipulation of Fact Concerning Attorneys' Fees and Costs.

Respondent did not object to a total award of attorneys' fees and costs in the amount of $18,000.00. Petitioner incurred no out-of-pocket litigation expenses.

Special Master Roth granted the motion for approval and payment of attorneys' fees and costs on January 5, 2016, awarding $18,000.00, payable by check jointly to the petitioner and Richard Gage, E.F.'s counsel. Richard Gage of Richard Gage & Associates represented the petitioner, and Darryl Wishard of the United States Department of Justice represented the respondent.