Brian Andrew Vergara v. HHS - Influenza, acute disseminated encephalomyelitis (2025)

Brian Andrew Vergara filed a petition for compensation under the National Vaccine Injury Compensation Program on August 29, 2023, alleging that he suffered acute disseminated encephalomyelitis (ADEM) as a result of an influenza vaccination. The vaccination date was initially alleged as October 14, 2022, but later corrected to November 13, 2021.

This decision addresses a motion for interim attorneys' fees and costs filed by the petitioner. The court found that the petition was filed in good faith and with a reasonable basis, making interim fees appropriate given the protracted nature of the proceedings and the amount at issue.

The court reviewed the billing records and cost documentation and found them to be reasonable. Accordingly, the court awarded interim attorneys' fees and costs in the amount of $40,254.26 to be paid through an ACH deposit to the petitioner's former counsel.