Debra Wharton v. HHS - HPV, neurological injury (2023)

Debra Wharton, as guardian of the estate of B.W., filed a petition on August 13, 2018, alleging that B.W. suffered a neurological injury as a result of receiving the human papillomavirus (HPV) vaccine on August 21, 2015. The petitioner filed supporting medical records and expert reports, while the respondent filed expert reports and a Rule 4(c) report recommending against compensation.

The case has been pending since 2018, with an entitlement hearing scheduled for October 2023. On February 15, 2023, the petitioner filed a motion for interim attorneys' fees and costs, requesting $84,613.98.

The respondent deferred to the Special Master's discretion. The Special Master found that the petition was filed in good faith and with a reasonable basis, and that an interim award was appropriate due to the protracted nature of the proceedings and the costs incurred.

The Special Master granted the motion, awarding $84,613.98 in interim attorneys' fees and costs.