Richard R. Bernard v. HHS - Hepatitis B, myositis, with residual effects lasting more than six months (2018)

Richard R. Bernard filed a petition for compensation on January 17, 2017, alleging that two Hepatitis B vaccinations received on March 15, 2016, and April 16, 2016, caused him to suffer from myositis with residual effects lasting more than six months.

The respondent contested entitlement, and the petitioner obtained expert reports from a neurologist and a rheumatologist. After a status conference where the parties discussed the disputed diagnosis of myositis, they filed a joint stipulation to dismiss the matter.

The case was dismissed without prejudice. Subsequently, the petitioner filed a motion for attorneys' fees and costs, requesting $20,168.00 in fees and $12,708.72 in costs.

The respondent stated they were satisfied the statutory requirements for an award were met and requested the Special Master exercise discretion. The Special Master found the petition was brought in good faith and carried a reasonable basis, awarding the full requested amount of $32,876.22 in attorneys' fees and costs.