A.B. v. HHS - Influenza, other (2016)

Isaac Bord and Elisa Pagano, parents of a minor named A.B., filed a petition on December 5, 2016, alleging that the influenza vaccine had injured their child. The case was initially assigned to Special Master Christian Moran.

The petitioners, initially pro se, sought legal counsel and filed medical records and an amended petition that also implicated pneumococcal vaccinations as aggravators of the alleged injury. Respondent filed reports recommending denial and dismissal.

After extensive efforts to gather evidence and obtain expert reports, the petitioners concluded they could not prove vaccine causation. They filed a motion to dismiss their own petition, which was granted on May 26, 2016, with judgment entered on June 1, 2016.

Subsequently, the petitioners applied for attorneys' fees and costs. Special Master George L.

Hastings, Jr. found that the petition was filed in good faith and with a reasonable basis, and that the statutory requirements for an award of fees and costs were met. He awarded $59,650.20 for attorneys' fees and costs, and $400.00 for petitioners' own expenses, noting that the hours claimed were somewhat high and reducing them by 15 percent.