ZJ v. HHS - DTaP, encephalopathy (2022)

Daneara and David Johnson, parents of ZJ, filed a petition on February 7, 2019, alleging that their minor child suffered an encephalopathy as a result of a Pediarix vaccine received on March 8, 2017. The Secretary argued in response that compensation was not appropriate because the petitioners had not established a prima facie case for an off-Table or on-Table injury.

The petitioners retained experts, including Dr. William Banner, Dr.

Angela Shannon, and Dr. Anthony Chang, to support their claim.

On February 10, 2022, the petitioners moved for an interim award of attorneys' fees and costs, requesting $88,961.34. The Secretary did not object to the motion.

The Special Master found that the petition was brought in good faith and with a reasonable basis, making the petitioners eligible for fees and costs. The Special Master also found that an interim award was appropriate due to the protracted and costly nature of the litigation.

After reviewing the fee application, the Special Master awarded $47,433.19 in interim attorneys' fees and costs, deferring the award for expert costs pending further review. The decision was issued on October 19, 2022.