Tiara Pullens v. HHS - Influenza, dermatomyositis (2016)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Tiara Pullens filed a petition on October 14, 2014, alleging that the influenza vaccine she received on November 16, 2010, caused her to suffer dermatomyositis. The case remained pending.
On September 23, 2014, Ms. Pullens filed an application for an award of interim attorneys' fees and reimbursement of costs, seeking $45,201.59.
This request included work performed by her attorney, Nicholas E. Bunch, through July 18, 2014, and fees from her expert, Dr.
M. Eric Gershwin.
On October 3, 2014, the parties filed a joint stipulation of fact agreeing to a reduced amount of $40,881.69 for interim attorneys' fees and costs, to which the respondent did not object. The Special Master, Christian J.
Moran, noted that petitioners who bring their petition in good faith and with a reasonable basis may be awarded attorneys' fees and costs, and the respondent did not contend that Ms. Pullens failed to meet this standard.
Therefore, Ms. Pullens was entitled to an award of attorneys' fees and costs.
The Special Master reviewed the materials supporting the motion and found the reduced requested amount to be reasonable. Judgment was entered in favor of Ms.
Pullens for the agreed-upon amount of $40,881.69, to be paid as a lump sum check payable to the petitioner and her counsel, Nicholas E. Bunch.
The court thanked the parties for their cooperative efforts.