Elizabeth Allen-Scott v. HHS - seizures and developmental delay (2024)

Elizabeth Allen-Scott, as parent and next friend of her minor daughter V.S., filed a petition for compensation under the National Vaccine Injury Compensation Program on October 1, 2019. She alleged that V.S. suffered seizures and developmental delay as a result of vaccinations received on October 3, 2016.

The case involved expert reports from both parties, and an entitlement hearing was held. This decision addresses petitioner's motion for interim attorneys' fees and costs.

The court found that the petition was filed in good faith and with a reasonable basis, supported by medical records and expert opinions. Given the protracted nature of the proceedings since 2019 and the costs incurred, the court deemed an interim award appropriate.

The court awarded $119,803.43 in interim attorneys' fees and costs, utilizing the lodestar approach to determine reasonable fees and costs. The award was granted jointly to the petitioner and her counsel, Richard Gage.