Gerald R. Beyer v. HHS - Influenza, post-vaccine Acute Demyelinating Encephalomyelitis, post-vaccine autoimmune rhombencephalitis, and death (2025)

Gerald R. Beyer, as the Preliminary Executor of the Estate of his wife, Jovonna N.

Beyer, filed a petition alleging that an influenza vaccine administered to Ms. Beyer on October 9, 2020, caused post-vaccine Acute Demyelinating Encephalomyelitis, post-vaccine autoimmune rhombencephalitis, and death.

The petition was filed on May 17, 2021. On January 29, 2025, Petitioner filed a motion for interim attorney's fees and costs.

Respondent deferred to the Court regarding the legal standard and statutory requirements for the award. The Special Master found that the claim was brought in good faith and on a reasonable basis, and that an award of interim fees and costs was appropriate due to significant fees and costs.

The decision awarded $87,766.66 in attorneys' fees and costs, reducing the requested amount due to issues with billing practices, including excessive rates, non-compensable administrative tasks, block billing, vague entries, and insufficient detail for paralegal work. A reduction was also made to the expert's costs due to an unsupported rate increase.

The total award was $76,574.16 in attorneys' fees and $11,192.50 in attorneys' costs.