Randolph Isaac Schmitke v. HHS - MMR, immune thrombocytopenia purpura (“ITP”) (2025)

Randolph Isaac Schmitke filed a petition on December 28, 2021, alleging that he developed immune thrombocytopenia purpura (ITP) as a result of the measles, mumps, and rubella (MMR) vaccine he received on January 4, 2019. The case has been pending for over three years, involving the exchange of expert reports from both parties.

The petitioner sought an award of interim attorneys' fees and costs, totaling $65,892.88. Respondent deferred to the Special Master's discretion regarding the award.

The Special Master found that interim fees were warranted due to the protracted nature of the proceedings and the costs associated with expert witnesses. The requested hourly rates for counsel were deemed reasonable and consistent with prior awards.

The Special Master reviewed the billing entries and found the hours reasonably expended. The requested costs, including medical records, postage, filing fees, and expert witness fees for Dr.

Eric Gershwin and Dr. Abhimanyu Ghose, were also reviewed.

A portion of the payment for Dr. Ghose's expert fees was deferred pending an invoice.

Ultimately, the Special Master granted the motion for interim attorneys' fees and costs in part, awarding a total of $60,892.88, comprising $33,809.50 in attorneys' fees and $27,083.38 in costs.