David Garrison v. HHS - other (2026)

David Garrison filed a petition under the National Vaccine Injury Compensation Program on January 7, 2026. This decision addresses a motion for interim attorneys' fees and costs filed by his former counsel, Andrew Downing, on December 28, 2024.

The motion requested $20,500.14 for fees and costs. Respondent deferred to the Special Master's determination.

The Special Master found that the petition was brought in good faith and with a reasonable basis, satisfying the statutory criteria for an award. Citing precedent, the Special Master determined that an interim award was appropriate due to the protracted nature of the proceedings and the fact that Mr.

Downing had withdrawn as counsel. The Special Master applied the lodestar approach to determine reasonable fees, awarding the requested hourly rates for Mr.

Downing and Ms. Allison, and paralegal rates.

A 5% reduction was applied to the requested fees due to block billing issues related to filing entries, resulting in an award of $18,896.92 in attorneys' fees. The requested costs of $608.64 for medical records and the court's filing fee were found reasonable and awarded in full.

The total award for interim attorneys' fees and costs is $19,505.56, to be paid to Mr. Downing's IOLTA account.