Drew Pearce v. HHS - Influenza, anaphylactic reaction and serious respiratory injury (2025)
Case summary [AI summaries can sometimes make mistakes]
Drew Pearce filed a petition for compensation under the National Vaccine Injury Compensation Program on September 23, 2022, alleging he sustained an anaphylactic reaction and serious respiratory injury as a result of an influenza vaccination administered on September 26, 2019. On January 1, 2025, Petitioner filed a motion for interim attorneys' fees and costs.
Respondent deferred to the Special Master's determination. The Special Master found the claim was brought in good faith and on a reasonable basis, and that an award of interim attorneys' fees and costs was appropriate due to significant expert fees and a change in counsel.
The Special Master reviewed the billing records, adjusting hourly rates for work performed in 2022 and reducing fees by 5% due to issues such as billing for noncompensable administrative tasks, block billing, excessive billing, and duplicative billing. Expert fees for Dr.
Pramod Krishnamurthy were awarded, with a reduction for administrative tasks. Miscellaneous costs for filing fees, medical records, and postage were awarded in full.
The total award for interim attorneys' fees and costs was $52,859.06.
Source PDFs
USCOURTS-cofc-1_22-vv-01362