David Bogdan v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2019)

David Bogdan, as administrator of the estate of Michael Grant, filed a petition alleging that Mr. Grant developed Guillain-Barre syndrome (GBS) and died as a result of an influenza vaccination received on December 31, 2013.

Mr. Grant, born August 15, 1953, had a history of high blood pressure, diabetes, arthritis, allergies, sarcoidosis, and back pain.

He presented with symptoms of back pain, leg weakness, constipation, and numbness approximately two weeks after his vaccination. Medical evaluations revealed GBS-like symptoms, but also pleocytosis in the cerebrospinal fluid, which is atypical for GBS and suggested a viral illness.

Later, Mr. Grant was hospitalized for respiratory distress and diagnosed with pneumonia and sepsis, ultimately passing away on April 9, 2016, from anoxic encephalopathy related to cardiac arrest.

The parties filed a Joint Stipulation of Dismissal on June 6, 2018. This decision addresses the petitioner's request for attorneys' fees and costs.

The court found that the petition had a reasonable basis when filed, considering the temporal proximity between the vaccine and the onset of symptoms, and the initial medical opinions suggesting GBS. However, the claim was ultimately dismissed due to lack of definitive proof of causation and the expert report indicating a suspected viral infection rather than vaccine-induced GBS.

The court awarded $22,743.00 in attorneys' fees and $4,101.44 in costs to petitioner's counsel, Ying Zhou, but denied the request for fees and costs related to the administration of Mr. Grant's estate.