S.B. v. HHS - Influenza, shingles and post-herpetic neuralgia (2018)

Steven Brass, later identified as S.B., filed a petition on September 29, 2014, alleging that an influenza vaccine received on October 26, 2011, caused him to suffer from shingles and post-herpetic neuralgia. Initially, he sought to amend the case caption to use only his initials due to the sensitive nature of his alleged illness, but this motion was denied as premature.

On April 26, 2018, the parties filed a stipulation for an award of compensation, which was adopted by the court on April 27, 2018. Subsequently, on September 26, 2018, S.B. filed an application for attorneys' fees and costs totaling $54,549.82.

Respondent agreed that the statutory requirements were met. The Special Master reviewed the application, noting that while the hourly rates were consistent with previous awards, the case suffered from overstaffing, leading to duplicative entries and billing for administrative tasks.

Consequently, attorneys' fees were reduced by five percent. The costs, including a significant portion for an expert witness, were deemed reasonable and awarded in full.

The final award for attorneys' fees and costs was $52,476.31, payable jointly to the petitioner and his counsel.