Kelsey Lynn Short v. HHS - Influenza, anoxic encephalopathy (2015)

Wayne Pestka, as special administrator of the estate of Kelsey Lynn Short, filed a petition alleging that a flu vaccine given to Kelsey in 1998 injured her and a flu vaccine given in 1999 led to her death. The case involved extensive litigation, including multiple expert reports and hearings, concerning whether the flu vaccine caused Kelsey's 1998 injury and her 1999 death.

The parties disputed the cause of death, with the respondent suggesting anoxic encephalopathy. After a lengthy process, including a tentative agreement in January 2013, judgment was issued on October 29, 2013, awarding Mr.

Pestka $175,000. This decision addresses the subsequent application for attorneys' fees and costs, awarding a total of $123,188.16.