John Banks v. HHS - Influenza, left shoulder adhesive capsulitis shoulder injury resulting in permanent loss of arm function, also known as shoulder injury related to vaccine administration (SIRVA) (2024)

John Banks filed a petition for compensation under the National Vaccine Injury Compensation Program on August 31, 2020, alleging that he suffered from a left shoulder adhesive capsulitis shoulder injury, also known as SIRVA, as a result of an influenza vaccine administered on September 25, 2017. The case has been pending for nearly four years, with an entitlement decision still outstanding.

On October 12, 2023, Mr. Banks filed a motion for interim attorneys' fees and costs totaling $54,912.11.

Respondent deferred to the Special Master regarding the reasonableness of the award. The Special Master found that the petition was brought in good faith and with a reasonable basis, and that an interim award was appropriate due to the protracted nature of the proceedings.

The Special Master reviewed the billing records and costs, finding the hourly rates and time billed to be reasonable. The award of $54,912.11 for interim attorneys' fees and costs was granted, payable jointly to Mr.

Banks and his counsel, Michael Baseluos.