Brookelyn Hart v. HHS - Influenza, autonomic dysfunction, including Postural Orthostatic Tachycardia Syndrome and Amplified Musculoskeletal Pain Syndrome (2026)

Brookelyn Hart, who later became of age, filed a petition on January 14, 2026, alleging that an influenza vaccine administered on November 29, 2022, caused her to suffer symptoms of autonomic dysfunction, including Postural Orthostatic Tachycardia Syndrome and Amplified Musculoskeletal Pain Syndrome. This decision addresses a motion for interim attorney's fees and costs filed due to the withdrawal of prior counsel.

The court found that an interim award was appropriate because the evidence raised a question as to causation warranting an entitlement hearing, and the withdrawal of counsel provided reasonable grounds for the award. The court reviewed the requested fees and costs, applying the lodestar method and considering reasonable hourly rates for attorneys and paralegals based on their experience and the forum rule.

The court also reviewed the requested costs, including expert fees for Dr. Miglis and miscellaneous litigation expenses, finding them reasonable and substantiated.

Ultimately, the court granted the motion and awarded a total of $27,435.85 in interim attorney's fees and costs to be paid to Brookelyn Hart's former counsel.