Jessica R. Boatwright v. HHS - Influenza, other (2024)

Filed 2019-01-31Decided 2024-10-15Vaccine Influenza
compensated$130,589

Case summary [AI summaries can sometimes make mistakes]

Jessica R. Boatwright initiated this case seeking compensation through the National Childhood Vaccine Injury Compensation Program.

She filed her petition on January 31, 2019. The case has been ongoing for approximately five years.

The petitioner is represented by attorney Nancy Meyers. Dr.

Lawrence Steinman, a neurologist, provided an opinion that an influenza vaccine harmed Ms. Boatwright.

The parties dispute whether Ms. Boatwright is entitled to compensation, and they have advocated for their respective positions.

This decision addresses an interim award of attorneys' fees and costs. Ms.

Boatwright requested $130,589.79 in attorneys' fees and costs. The Secretary of Health and Human Services did not oppose the motion and deferred to the special master's assessment.

The special master found that the petition was brought in good faith and had a reasonable basis, making Ms. Boatwright eligible for an award.

Given the protracted proceedings and the amount of fees incurred, an interim award was deemed appropriate. The requested amount of $130,589.79 was awarded as a lump sum.

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