Sherrie Nguyen on behalf of N.N. v. HHS - Influenza, encephalopathy, acute disseminated encephalomyelitis and bilateral optic neuritis associated with myelin oligodendrocyte glycoprotein antibody associated demyelinating disease (“MOGAD”) (2026)

Sherrie Nguyen, on behalf of her minor son N.N., filed a petition on July 14, 2022, alleging that an influenza vaccine administered on September 24, 2020, caused N.N. to suffer from encephalopathy, acute disseminated encephalomyelitis, and MOGAD (myelin oligodendrocyte glycoprotein antibody associated demyelinating disease). A trial was held in December 2025, and a decision on entitlement is still pending.

This decision addresses an interim award of attorney's fees and costs. Petitioner sought $367,154.71 in fees and costs, arguing that the claim had a reasonable basis and was brought in good faith, despite the pending entitlement decision.

Respondent deferred to the court's discretion on the award amount. Chief Special Master Corcoran found an interim award appropriate, noting that claims alleging flu vaccine-induced autoimmune disorders are common and MOGAD has been compensated as a vaccine injury.

The court awarded $361,309.53 in interim fees and costs, comprising $355,145.72 for attorneys' fees and costs and $6,163.81 for petitioner's personally incurred costs. The court applied the lodestar method for calculating fees and reviewed costs for reasonableness, including expert witness fees for Dr.

Lawrence Steinman and Dr. Nizar Souayah.