M.K.S. v. HHS - Tdap, acute disseminated encephalomyelitis and/or myelin oligodendrocyte glycoprotein antibody disease (2025)

Filed 2021-07-09Decided 2025-07-09Vaccine Tdap
entitlement_granted_pending_damagescognitive/developmental

Case summary [AI summaries can sometimes make mistakes]

M.K.S. filed a petition on July 9, 2021, alleging that he suffered acute disseminated encephalomyelitis and/or myelin oligodendrocyte glycoprotein antibody disease as a result of receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on March 9, 2018. The case is still pending resolution, with an entitlement hearing having been held on February 10, 2025.

The petitioner has now filed a motion for an interim award of attorney's fees and costs, requesting $194,394.33. The respondent took no position on the motion.

The Special Master granted the motion, awarding the full requested amount, finding that the petitioner had demonstrated a reasonable basis for the claim and that the requested fees and costs were reasonable. The decision notes that the case has been pending for over four years and that substantial expert work has been completed.

The ultimate resolution of entitlement is still pending.

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