M.R. v. HHS - DTaP, arterial ischemic stroke (2017)

Michael and Jamie Reid filed a petition on behalf of their minor child, M.R., alleging that M.R. suffered an arterial ischemic stroke after receiving a DTaP vaccine on December 27, 2012. The parties later filed a Joint Stipulation of Dismissal, and the case was dismissed without prejudice on December 2, 2016.

Subsequently, on May 3, 2017, the petitioners filed a Motion for Attorneys’ Fees and Costs, requesting $48,030.00 in fees and $3,430.09 in costs. Respondent did not object to the amount but recommended the Special Master exercise discretion.

The Special Master determined that forum rates were appropriate for the attorney, Jack Grewer, and set an hourly rate of $300. However, the Special Master reduced the requested attorney fees by 15% because some work was billed at the attorney rate that should have been billed at a paralegal or clerical rate.

The requested costs for expert fees and medical records were found to be reasonable. The total award was $44,255.59, comprising $40,825.50 in attorneys’ fees and $3,430.09 in costs.