C.B. v. HHS - Hepatitis B, apnea, bradycardia, and cardiorespiratory arrest (2022)

Sarah and Scott Baker, as legal representatives of the estate of their daughter, C.B., filed a petition alleging that the Hepatitis B vaccine administered on May 24, 2017, caused C.B. to develop apnea, bradycardia, and cardiorespiratory arrest, leading to her death on September 8, 2017. The petition was filed on August 30, 2019.

On June 16, 2022, the Petitioners filed a motion for interim attorney's fees and costs, requesting $223,056.26 for attorney fees, costs, and expert fees. Respondent did not object to the reasonableness of the fees.

The Special Master found that the claim was brought in good faith and on a reasonable basis, and that an interim award was appropriate due to significant expert fees. The requested hourly rates for attorney Curtis Webb and paralegal Alexander Webb were found reasonable and awarded in full, as were the billed hours.

For expert Dr. Robert Shuman, the requested rate of $400 per hour was approved, but the total requested amount of $114,536.00 was reduced by 20% due to vague block-billing practices, resulting in an award of $91,628.80.

Miscellaneous costs of $2,525.86 for obtaining medical records and articles were awarded in full. The total interim award for attorney's fees and costs was $200,149.06.