Joseph Bonica v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (2019)

Joseph Bonica filed a petition on September 12, 2016, alleging that he suffered from chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of an influenza vaccination received on September 12, 2013. After investigating the facts and science, Mr.

Bonica concluded that he would be unable to prove entitlement to compensation and filed an unopposed motion to dismiss his petition on March 1, 2018, deeming further proceedings unreasonable. The Special Master dismissed the case on March 5, 2018, due to insufficient proof.

Subsequently, on October 4, 2018, Mr. Bonica filed an application for attorneys' fees and costs totaling $47,687.10.

Respondent did not object, stating that the statutory requirements were met. The Special Master reviewed the application, noting that petitioners are eligible for fees and costs if the petition was filed in good faith and with a reasonable basis, even if unsuccessful.

The Special Master awarded $31,651.28 in attorneys' fees and costs, after making reductions for excessive billing and paralegal work, and for an expert witness rate that was higher than previously awarded.