Carl J. Verity v. HHS - Influenza, Guillain-Barré syndrome (2018)

Carl J. Verity filed a petition alleging Guillain-Barré syndrome and related complications as a result of receiving an influenza vaccine.

The parties reached a stipulation, which was adopted by decision on March 26, 2014, and judgment entered on May 1, 2014. Nearly three years later, on February 20, 2017, Verity filed a motion for attorney's fees and costs, acknowledging it was over two years past the October 28, 2014 deadline.

The Special Master denied this motion, finding the delay inexcusable and not within the scope of excusable neglect. Verity then filed a second motion for attorney's fees and costs on July 19, 2018, again requesting the same amount and explaining the delay by stating attorneys were not admitted to the Vaccine Court at the time and the handling attorney left the firm.

The Special Master denied this second motion for the same reasons as the first, emphasizing that attorney ignorance of program rules does not constitute excusable neglect and that counsel bears the consequences of their inaction. Final judgment on the matter of fees and costs was entered on April 13, 2017, and the second motion was denied on August 9, 2018.