D.K. v. HHS - Influenza, myoclonic seizures (2017)

Anil John and Michal Kukreja, parents of D.K., filed a petition on February 6, 2014, seeking compensation under the National Vaccine Injury Compensation Program. They alleged that their son, D.K., suffered from myoclonic seizures as a result of receiving influenza and/or Hepatitis A vaccines on February 7, 2011, and experienced residual effects for more than six months.

The respondent denied that the vaccines caused D.K.'s seizures or any other injury. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on January 24, 2017.

Special Master Brian H. Corcoran adopted the stipulation as his decision on March 16, 2017, awarding petitioners a lump sum of $15,000.00, payable to them as guardians/conservators of D.K.'s estate, representing all damages available under the Act.

The public decision does not describe the specific onset of symptoms, medical tests, or treatments. The theory of causation is not detailed in this decision.

On July 12, 2017, petitioners filed a motion for attorneys' fees and costs. The government deferred to the special master's discretion.

Special Master Corcoran determined that Ms. Lisa A.

Roquemore's hourly rates and litigation costs were reasonable but reduced the hours charged. He categorically excluded hours expended before Ms.

Roquemore formally appeared in the case and curtailed otherwise allowable hours by twenty percent. Petitioners sought reconsideration, arguing that the special master lacked specificity in his reasoning and requesting fees for the reconsideration motion.

The special master denied this motion. Petitioners then filed a motion for review of the special master's decision on attorneys' fees with Judge Charles F.

Lettow. Petitioners contended that the special master committed legal errors and abused his discretion by failing to provide specific reasons for the fee reduction.

The government opposed this motion. Judge Lettow reviewed the special master's decision, finding that the categorical exclusion of pre-appearance hours was an abuse of discretion.

He determined that Ms. Roquemore should be compensated for work establishing a reasonable basis, which began on July 16, 2014, awarding $11,079.50 for this period.

However, he affirmed the special master's denial of fees for work performed before July 16, 2014. Judge Lettow also reversed the twenty percent reduction for post-appearance work, finding the special master's reasoning based on the disparity between the settlement amount and fees requested, and the time spent on status conferences, to be unsupported.

He reasoned that the degree of success should not be measured solely by damages awarded and that the hours reflected preparation for a full entitlement hearing. Judge Lettow also awarded petitioners $6,345.60 for work on the motion for reconsideration and $7,622.10 for work on the motion for review.

The total award, including the initial $15,000 settlement, attorneys' fees, and petitioners' litigation expenses, was determined to be $121,192.80.