B.A. v. HHS - DTaP, encephalitis and an accompanying seizure disorder (2026)

Michaela Avila, on behalf of her minor child B.A., filed a petition in the National Vaccine Injury Compensation Program on February 16, 2024. She alleged that B.A. developed encephalitis and a seizure disorder as a result of the DTaP vaccine he received on August 15, 2022.

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 had a reasonable basis, supported by documentation.

The petitioner requested $15,776.50 in attorneys' fees and $425.16 in costs, totaling $16,201.66. The court granted the motion, awarding the requested amount in interim attorneys' fees and costs.

The decision notes that the case has been pending for nearly one year and that the motion was necessitated by the withdrawal of the petitioner's former counsel. The award is to be paid through an ACH deposit to the former counsel's IOLTA account.