Justin Myer v. HHS - Hepatitis B, autoimmune encephalitis (2013)

On February 27, 2006, Justin Myer filed a petition under the National Vaccine Injury Compensation Program alleging that he suffered autoimmune encephalitis as a result of a hepatitis B vaccine received on October 25, 2002. During the pendency of the claim, Justin Myer died, and his mother, Sandra Myer, was appointed guardian of his estate.

A compensation decision was entered on December 18, 2013, based on a proffer of award filed by the respondent on December 17, 2013. The public decision does not describe the clinical course of Justin's illness or the specific amount of the vaccine injury award.

On October 3, 2014, Chief Special Master Nora Beth Dorsey issued a decision regarding attorneys' fees and costs. The parties had filed a stipulation of fact concerning attorneys' fees and costs on October 2, 2014, agreeing to a total award of $185,000.00.

Petitioner's counsel represented that no reimbursable costs were advanced by the petitioner. Chief Special Master Dorsey granted the stipulation, awarding $185,000.00 in attorneys' fees and costs, payable by check jointly to Sandra Myer and her attorney, Brian R.

Arnold. The decision noted that judgment would be entered in accordance with the stipulation unless a motion for review was filed.