Cheri Srour v. HHS - Influenza, significant aggravation of a pre-existing Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) or Guillain-Barré Syndrome (“GBS”) (2017)

Cheri Srour filed a petition on April 11, 2014, alleging that an influenza vaccine administered on October 17, 2007, caused a significant aggravation of her pre-existing Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) or Guillain-Barré Syndrome (GBS). Initially, Ms.

Srour filed a medical malpractice suit in state court against the doctor and clinic involved in her vaccination, alleging they failed to collect her medical history and administer a contraindicated vaccine. After extensive discovery in the state court case, which helped establish that she did indeed receive the flu vaccine, the state court dismissed the case in May 2013 to allow her to pursue a claim in the National Vaccine Injury Compensation Program.

The parties in the Vaccine Program case eventually reached a stipulation, and a decision awarding compensation was issued on August 17, 2016. Ms.

Srour then filed a motion for attorneys' fees and costs, requesting $161,872.70. The Special Master reviewed the request, adjusting hourly rates based on the McCulloch guidelines and reducing compensation for hours spent on the state court claim, as only costs incurred in the Vaccine Program are compensable.

The Special Master awarded $81,987.75 in attorneys' fees and $18,724.42 in attorneys' costs, for a total award of $100,712.17.