Harry L. McCarthy v. HHS - Influenza, brachial plexopathy of his right upper extremity (2025)

Harry L. McCarthy filed a petition on November 29, 2018, alleging he developed brachial plexopathy of his right upper extremity as a result of an influenza vaccine received on November 30, 2015.

The case has been litigated for over six years, involving extensive expert reports and an entitlement hearing. The parties engaged in extensive discovery, including expert reports from Dr.

Lawrence Steinman for the petitioner and Dr. Robert Naismith for the respondent.

The entitlement hearing concluded with the parties agreeing to submit supplemental reports due to a change in the respondent's expert's opinion. This decision addresses the petitioner's motion for interim attorneys' fees and costs, totaling $100,240.95 ($60,118.20 in fees and $40,122.75 in costs).

The Special Master found that interim fees were warranted due to the protracted nature of the litigation and the undue hardship the costs imposed on the petitioner. The requested hourly rates and hours expended were deemed reasonable, and the costs, including expert witness fees, were adequately documented and awarded.

The case is ongoing regarding entitlement and final damages.