J.S. v. HHS - MMR, encephalopathic event and associated seizure disorder (2025)

Suriya Sortheppharak and Jade Casteneda, on behalf of their minor child J.S., filed a petition for compensation on March 6, 2024, alleging that J.S. suffered an encephalopathic event and associated seizure disorder due to receipt of a Measles-Mumps-Rubella vaccine on August 19, 2023. The case is currently before the Office of Special Masters.

This decision addresses a motion for interim attorney's fees and costs filed by Petitioners' counsel. The requested fees and costs were $23,970.89.

Respondent deferred to the court's discretion regarding the award. The Special Master found an interim award appropriate, largely due to a substitution of counsel.

While reviewing the billing records, the Special Master identified some tasks billed at an attorney rate that should have been billed at a paralegal rate, leading to a reduction in the fee award. The requested costs of $1,221.39 were found reasonable and awarded in full.

The total award for attorney's fees and costs was $23,138.39.