Alice Henningsen v. HHS - Influenza, transverse myelitis (2023)

Alice Henningsen filed a petition for compensation under the National Vaccine Injury Compensation Program on March 23, 2021, alleging she suffered transverse myelitis after receiving an influenza vaccine on October 31, 2019. The parties are currently in the process of obtaining and filing expert reports to substantiate their positions, and the best means of resolving the claim has yet to be determined.

Henningsen filed a motion for an interim award of attorney's fees and costs totaling $141,258.41 for work performed by her prior counsel and consultants. Respondent deferred the calculation of the award amount to the court's discretion.

The Chief Special Master granted in part the motion, awarding $121,035.00 for fees of prior counsel and consultations, while deferring resolution of costs associated with current counsel and expert fees. The decision noted that the claim has a reasonable basis for a fees award, as the flu vaccine's potential to cause transverse myelitis is common in the program.

The calculation of fees involved applying the lodestar method and adjusting hourly rates for prior counsel. The resolution of the underlying claim and expert costs was deferred.