Bailey Thomas, On Behalf Of A.B. v. HHS - MMRV, ocular myasthenia gravis (2026)
Case summary [AI summaries can sometimes make mistakes]
Bailey Thomas, on behalf of minor A.B., filed a petition for compensation under the National Vaccine Injury Compensation Program on August 31, 2021. Petitioner alleges that the Proquad (measles-mumps-rubella-varicella) and/or Kinrix (diphtheria, tetanus, acellular pertussis, inactivated poliovirus) vaccines administered to A.B. on November 14, 2019, caused ocular myasthenia gravis.
An entitlement hearing was held in November 2025, and the matter is still pending resolution. Prior to the hearing, Petitioner moved for an interim award of attorney's fees and costs, which was supplemented after the hearing.
Petitioner requested a total of $110,429.35 in fees and costs. Respondent deferred to the court's discretion.
The Special Master granted the motion in part, awarding $109,600.89 in attorney's fees and costs, comprised of $87,824.30 in fees and $21,776.59 in costs. The decision noted that the case appears to have an objective evidentiary basis and that Petitioner experienced neurological symptoms after vaccination, with Respondent agreeing the claim possessed a reasonable basis.
The case remains pending resolution on entitlement.
Source PDFs
USCOURTS-cofc-1_21-vv-01780