Stephan Dias v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2024)

Stephan Dias filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that a Fluzone vaccine received on October 7, 2020, caused Guillain-Barre Syndrome (GBS). The petition was filed on March 14, 2022.

Respondent filed a Rule 4(c) report arguing the case was not appropriate for compensation due to failure to meet the six-month severity requirement. Petitioner's counsel filed a motion to withdraw due to irreconcilable differences, and subsequently, petitioner filed a motion for interim attorneys' fees and costs.

Respondent indicated satisfaction that the statutory requirements for an award of fees and costs were met. The Special Master found that the petitioner had a reasonable basis for the claim, as GBS with onset eleven days after vaccination is a Table injury.

Due to the withdrawal of counsel and the case pending for over two years, an interim award was deemed appropriate. The Special Master awarded $59,039.29 in interim attorneys' fees and costs, finding the requested rates and hours to be reasonable.