Shari Buetow v. HHS - Influenza, transverse myelitis (2015)

Shari Buetow filed a petition for Vaccine Compensation on October 16, 2014, alleging that an influenza vaccine she received on October 18, 2011, caused her to suffer from transverse myelitis. The respondent was the Secretary of Health and Human Services.

The parties later filed a joint stipulation of dismissal on July 30, 2015. Special Master Thomas L.

Gowen reviewed the record and found that it did not demonstrate entitlement to an award under the National Vaccine Injury Compensation Program. To be eligible for compensation, a petitioner must prove either that they suffered a "Table Injury" corresponding to the vaccine or that the injury was actually caused by the vaccine.

The record in this case did not contain evidence of a "Table Injury," nor did it include persuasive evidence that the alleged injury was vaccine-caused. The Special Master noted that a petition must be supported by medical records or a competent physician's opinion, and that the petitioner had not provided sufficient medical records or a supporting medical opinion.

Consequently, Special Master Gowen dismissed the case for insufficient proof. A subsequent decision addressed attorneys' fees and costs.

The parties filed a stipulation concerning these fees and costs, and the respondent did not object to the requested amount. Special Master Gowen found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. §§ 300aa-15(b) and (e)(1).

An award of $11,065.49 was made in the form of a check payable jointly to Shari Buetow and her counsel, Mark L. Krueger, Esq., for attorney fees and costs.

The decision was issued by Special Master Thomas L. Gowen.