J.H. v. HHS - MMRV, Table encephalopathy, or alternatively, an off-Table injury of Febrile Infection-Related Epilepsy Syndrome (FIRES) (2025)

Stephanie and Jonathan Hetrick filed a petition on behalf of their minor son, J.H., alleging that the measles, mumps, rubella, and varicella (MMRV) and/or diphtheria-tetanus-acellular pertussis (DTap) vaccines received on May 29, 2018, caused him to suffer a Table encephalopathy or, alternatively, Febrile Infection-Related Epilepsy Syndrome (FIRES). The petition was filed on May 30, 2019.

After extensive litigation, including the exchange of multiple expert reports and an entitlement hearing held on January 30-31, 2024, the record was closed for ruling on entitlement. This decision addresses the petitioners' motion for interim attorneys' fees and costs, which they filed on June 12, 2024, requesting $540,588.54.

The Special Master found that interim fees were warranted due to the case's protracted nature and the significant costs incurred. The requested hourly rates for attorneys were found reasonable, but a 5% reduction was applied to the attorneys' fees due to the number of attorneys involved.

Costs for experts Dr. John Gaitanis and Dr.

Michael Keller were reviewed, with a reduction for Dr. Gaitanis's 2024 rate and a portion of Dr.

Keller's costs disallowed due to lack of supporting documentation. Ultimately, the court awarded $418,309.36 in attorneys' fees and $87,212.90 in costs, for a total of $505,522.26.