Karen Sullivan v. HHS - Influenza, ulnar neuropathy and bilateral upper extremity paresthesia (2015)

Karen Sullivan filed a petition on August 11, 2014, alleging that an influenza vaccine received on September 6, 2013, caused her to suffer ulnar neuropathy and bilateral upper extremity paresthesia. Respondent filed a report on January 5, 2015, stating that the case was not appropriate for compensation due to insufficient evidence.

On September 16, 2015, Ms. Sullivan moved to dismiss her own petition, stating that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation.

She understood that a dismissal would result in a judgment against her and end all rights in the Vaccine Program. Respondent did not oppose the motion.

The Chief Special Master noted that to receive compensation, a petitioner must prove either a Table Injury or that the injury was actually caused by the vaccine. 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 indicating the injuries were vaccine-caused. Because the medical records were insufficient and no medical opinion was offered, the petition was dismissed for insufficient proof.

Subsequently, on November 5, 2015, the parties filed a stipulation for attorney fees and costs. Special Master Roth found the petition was brought in good faith with a reasonable basis and awarded $15,550.00 in attorney fees and costs, payable jointly to Ms.

Sullivan and her counsel.