A.R. v. HHS - Influenza, febrile seizure and subsequent seizures (2026)

Amanda Rivera, on behalf of her minor child A.R., filed a petition alleging that A.R. suffered from febrile seizures and subsequent seizures as a result of vaccinations for influenza, oral polio, pneumococcal conjugate (PCV13), haemophilus influenzae type B (Hib), and diphtheria tetanus pertussis (DTaP) on December 4, 2020. This decision addresses a motion for interim attorneys' fees and costs filed by Petitioner's former counsel, Andrew Downing.

The court found that the petition was brought in good faith with a reasonable basis, and that an interim award was appropriate due to the protracted nature of the proceedings and the undue hardship of litigation costs. The court reviewed the requested hourly rates and hours billed, making a slight reduction to Mr.

Downing's 2022 rate based on prior decisions. The court also reviewed the requested costs, reducing the award for expert witness fees due to a lack of accompanying documentation for one item.

Ultimately, the court awarded a total of $32,743.48 in interim attorneys' fees and costs to be paid to Mr. Downing's IOLTA account.