Irwin Reich v. HHS - Influenza, Guillain Barré Syndrome (2015)

Irwin Reich filed a petition alleging that an influenza vaccine administered on October 25, 2012, caused him to develop Guillain-Barré Syndrome (GBS). He also alleged a shingles vaccination caused his injury, but this vaccine is not covered under the Vaccine Act.

The initial decision on July 30, 2015, dismissed the petition for insufficient proof, as the record lacked evidence of a Table injury and the petitioner's expert did not support causation. The petitioner's counsel stated that an investigation demonstrated difficulty in proving entitlement.

Subsequently, on October 20, 2015, the parties filed a stipulation concerning attorneys' fees and costs. The parties agreed to an award of $11,000.00 for fees and costs, finding the petition was brought in good faith with a reasonable basis.

The court awarded this amount jointly to Mr. Reich and his counsel.

The case was ultimately compensated based on the stipulation for attorneys' fees and costs, despite the initial dismissal for insufficient proof of the underlying GBS claim.