Linda Wirtshafter v. HHS - Influenza, small fiber neuropathy (2021)

Linda Wirtshafter, an adult, received an influenza vaccination on October 15, 2015. She alleged that this vaccine caused her to develop small fiber neuropathy.

Initially, her petition proceeded, and the Secretary contested entitlement. However, during the litigation, a significant chronological discrepancy emerged: medical records suggested her symptoms began approximately a week before the vaccination, while Ms.

Wirtshafter maintained they started the day after. This inconsistency, along with the rapid onset she claimed, raised concerns about establishing causation.

Faced with these challenges and after consulting with her counsel, Ms. Wirtshafter moved for a voluntary dismissal, stating she would be unable to prove entitlement to compensation.

The Special Master granted this motion and dismissed the case for insufficient proof. Subsequently, Ms.

Wirtshafter sought attorney's fees and costs, arguing her claim had a reasonable basis. The Special Master denied this request, finding no reasonable basis.

Ms. Wirtshafter sought review of the fee decision.

The Court of Federal Claims found that the Special Master abused his discretion in denying fees, determining that Ms. Wirtshafter's claim, despite its ultimate dismissal on the merits, had presented 'some evidence' and thus a reasonable basis for bringing the claim.

The Court remanded the case to the Special Master to reconsider the award of fees and costs.