Eugenio Paulo de Souza v. HHS - Influenza, Guillain-Barré syndrome/ acute demyelinating polyneuropathy (2018)

Eugenio Paulo De Souza filed a petition alleging that the influenza vaccine he received on September 15, 2014, caused him to develop Guillain-Barré syndrome (GBS)/acute demyelinating polyneuropathy, with residual effects lasting more than six months. Respondent denied causation but the parties reached a settlement.

The parties filed a joint stipulation for award, which the Special Master adopted. The stipulation awarded Mr.

De Souza a lump sum of $70,000.00 for all damages. Subsequently, the parties litigated attorneys' fees.

The Special Master initially awarded $10,357.86 in attorneys' fees and costs, reducing the hourly rate and hours claimed. Mr.

De Souza sought review of this decision. The Court of Federal Claims found that the Special Master erred in not applying the forum rate for attorneys' fees but upheld the reduction in hours.

The final award for attorneys' fees and costs was $29,750.33, with $135.37 for costs payable to Mr. De Souza alone.