Jake Buchman v. HHS - HPV, ulcerative colitis (2023)
Case summary [AI summaries can sometimes make mistakes]
Jake Buchman filed a petition for compensation under the National Vaccine Injury Compensation Program on July 9, 2020, alleging that the human papillomavirus (HPV) vaccination he received on September 12, 2017, caused him to develop ulcerative colitis. This decision addresses his 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 expert reports from Dr. Hiroshi Mashimo, a gastroenterologist, who opined that the HPV vaccine triggered autoimmunity, leading to tissue damage in Buchman's intestinal tract.
The court also noted that Buchman would suffer undue hardship without an award of interim fees and costs due to protracted proceedings and the retention of costly experts, especially in light of the economic impact of the COVID-19 pandemic. The court awarded $104,066.44 in interim attorneys' fees and costs, after making reductions for clerical tasks and excessive expert billing hours.
The case is ongoing, with this decision pertaining only to interim fees and costs.
Source PDFs
USCOURTS-cofc-1_20-vv-00834