Maria Corulla v. HHS - MMR, vaccine-induced encephalopathy and/or brain damage (2017)

Maria Corulla filed a petition on behalf of her minor child, N.J., alleging that N.J. suffered vaccine-induced encephalopathy and/or brain damage due to MMR, Varivax, and Fluzone vaccinations administered on January 16, 2013, and a second Fluzone vaccination on February 19, 2013. The petition was voluntarily dismissed by the petitioner on November 22, 2016.

Subsequently, on May 19, 2017, Petitioner’s counsel filed a motion for attorneys’ fees and costs totaling $14,602.19. Respondent argued that there was insufficient evidence of a reasonable basis for the claim but recommended the Special Master determine a reasonable award.

Petitioner’s counsel replied that a reasonable basis was supported by the short time on the statute of limitations, representations from Ms. Corulla, selected medical records, difficulty obtaining key records, and the quick resolution.

The Special Master found the case was filed in good faith with a reasonable basis and granted the motion, awarding $14,602.19 in attorneys' fees and costs.