Terrance Bernstein v. HHS - Influenza, bilateral brachial plexopathy (2015)

Terrance Bernstein filed a petition alleging that an influenza vaccine administered on October 26, 2012, caused him to suffer from bilateral brachial plexopathy. He filed his petition with the Court of Federal Claims on October 6, 2014.

Initially, Mr. Bernstein sought compensation under the National Childhood Vaccine Injury Act, but later filed a motion for decision dismissing his petition.

He stated that an investigation of the facts and science supporting his case demonstrated he would be unable to prove entitlement to compensation. The court noted that to receive compensation, a 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. Because the medical records were insufficient and no medical opinion was offered, the petition was dismissed for insufficient proof.

Subsequently, on June 2, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Respondent did not object to the requested amount.

The court found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate. The court awarded $17,316.42 in attorneys' fees and costs, payable jointly to Mr.

Bernstein and his counsel. Judgment was entered accordingly.