C.B. v. HHS - HPV, acute disseminated encephalomyelitis (ADEM) (2023)

Destiny Maynard and Elijah Bunch, as co-administrators of the estate of C.B., filed a petition on June 25, 2020, alleging that C.B. suffered acute disseminated encephalomyelitis (ADEM) resulting in death after receiving the human papillomavirus (HPV) vaccine on June 28, 2018. Petitioners filed supporting medical records and an expert report from a pediatric neurologist.

Respondent filed responsive expert reports and indicated an intent to defend the case, with an entitlement hearing scheduled for January 24-25, 2024. On March 15, 2023, petitioners filed a motion for interim attorneys' fees and costs, seeking $27,037.10 in fees and $19,853.39 in costs.

Respondent did not contest good faith or reasonable basis for the claim and recommended the Special Master exercise discretion in determining the award. The Special Master found the petition was filed in good faith and with a reasonable basis, supported by medical records and expert reports.

Given the case's duration since 2020 and the anticipated costs for the upcoming entitlement hearing, an interim award was deemed appropriate. The Special Master granted the motion, awarding $46,890.49 in interim attorneys' fees and costs.