Raul Torres, Sr. v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (“CIDP”), Guillian-Barré syndrome (“GBS”), and death (2014)

Raul Torres, Sr. received an influenza vaccine on December 1, 2010. His son, Raul Torres, Jr., filed a petition on behalf of his estate, alleging that the vaccine caused Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), Guillain-Barré Syndrome (GBS), and death.

The petition was filed on November 27, 2013. During a status conference on May 20, 2014, the petitioner's counsel orally moved for dismissal, stating the possibility of refiling as a civil suit.

The court noted that to receive compensation, the petitioner must prove either a Table Injury or that the vaccine actually caused the injury. The record did not contain evidence of a Table Injury, nor did it include a medical expert's opinion or other persuasive evidence of causation.

The court also found that the petition was not supported by medical records or a physician's opinion, as required by the Vaccine Act. Consequently, the petition was dismissed for insufficient proof on May 27, 2014.

Subsequently, on September 10, 2014, the parties filed a stipulation for attorneys' fees and costs. Respondent did not object to an award of $4,000.00.

The Special Master granted this motion, awarding $4,000.00 in attorneys' fees and costs, jointly payable to the petitioner and his counsel. The final decision on attorneys' fees and costs was issued on October 2, 2014.