Maria Bettinger v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (2025)

Filed 2023-08-28Decided 2025-11-21Vaccine Influenza
compensated$45,756

Case summary [AI summaries can sometimes make mistakes]

Maria Bettinger filed a petition alleging that an influenza vaccine received on September 18, 2020, caused her to suffer chronic inflammatory demyelinating polyneuropathy (CIDP). This decision addresses her motion for interim attorneys' fees and costs.

The court reviewed the reasonableness of the requested fees and costs, noting that the case has been pending for less than two years and has not involved a hearing. Respondent raised concerns about the overall fee request, the hourly rate of Dr.

Omid Akbari, and the number of hours billed by Dr. Akbari, particularly regarding duplication and lack of attribution in his reports.

Petitioner argued that the fees were reasonable and necessary. The court found the hourly rates for attorneys to be reasonable but reduced the total attorneys' fees by 3% due to non-compensable administrative tasks.

Regarding expert costs, the court awarded the full amount requested for Dr. Joseph Jeret.

For Dr. Omid Akbari, the court reduced his hourly rate from $550.00 to $500.00 and further reduced his award by 50% due to excessive billing, including the use of previously drafted material and lack of attribution.

Miscellaneous costs were awarded in full. Ultimately, the court awarded Maria Bettinger interim attorneys' fees and costs totaling $45,756.49.

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