Andrea Cortez v. HHS - Influenza, Guillain-Barré syndrome (2014)

Andrea Cortez, as the spouse and representative of the estate of her deceased husband Renaldo Cortez, filed a petition for compensation under the National Vaccine Injury Compensation Program. She alleged that Mr.

Cortez developed Guillain-Barré syndrome (GBS) as a result of receiving a trivalent influenza vaccination on January 26, 2006, and that this condition ultimately caused his death on March 19, 2007. The petition was filed on March 26, 2014.

However, a prior special master dismissed the case because Mrs. Cortez could not prove that her husband had ever received an influenza vaccination.

The court reviewed Mrs. Cortez's motion for attorneys' fees and costs, opposing the motion because there was no reasonable basis for filing the original petition.

The court found that the petitioner's counsel had access to medical records and billing statements that did not definitively confirm a flu vaccination, and that counsel failed to adequately investigate the vaccination issue before filing the petition. Ultimately, the court denied the motion for attorneys' fees and costs, concluding that the petition was not brought with a reasonable basis.