Sarah Yoon v. HHS - Influenza, transverse myelitis (2016)

Sarah Yoon, as parent of N.Y., filed a petition on March 4, 2015, alleging that her child suffered transverse myelitis as a result of Haemophilus influenzae type b and pneumococcal conjugate (Prevnar) vaccines administered on March 8, 2012. The parties filed a joint stipulation of dismissal on February 9, 2016, and the case was concluded by order on February 11, 2016.

Although the petition was dismissed, the Special Master considered an award of attorneys' fees and costs. Petitioner's counsel, Mark L.

Krueger of Krueger & Hernandez, S.C., gathered medical records and consulted an expert, but realized that proof of causation was lacking and the case could not proceed. Counsel then took steps to resolve the case quickly to avoid unnecessary costs.

The Special Master found that the petitioner's counsel acted in good faith and had a reasonable basis for proceeding, making the petitioner eligible for an award of attorneys' fees and costs. Respondent, represented by Althea W.

Davis of the United States Department of Justice, did not object to the requested fees and costs. Petitioner sought $11,097.12 in attorneys' fees and costs for her counsel.

Additionally, petitioner incurred $400.00 in out-of-pocket litigation expenses. Special Master Christian J.

Moran awarded a lump sum of $11,097.12, payable to petitioner and her attorney, Mark L. Krueger, for attorneys' fees and litigation costs.

A separate lump sum of $400.00 was awarded, payable to petitioner Sarah Yoon, for incurred costs. The total award was $11,497.12.

The decision was issued on March 24, 2016.