Jessica Massie v. HHS - Tdap, demyelinating neurological injury that may be properly understood to be multiple sclerosis (2026)

Jessica Massie filed this petition on January 20, 2026, alleging that a Tdap vaccine administered on April 26, 2024, caused her to suffer a demyelinating neurological injury, potentially multiple sclerosis. The case is still pending resolution.

This decision addresses two motions for interim awards of attorney's fees and costs, totaling $61,432.51, filed due to the withdrawal of two separate legal counsels. The Chief Special Master granted the motions in part, awarding a total of $49,867.43 in interim attorney's fees and costs.

The decision found that the petitioner's claim had a reasonable basis, a prerequisite for interim awards in pending cases. The award was calculated using the lodestar method, with adjustments for hourly rates and a 30% reduction for the work performed by the second set of counsel due to perceived unreasonableness in time spent and tasks accomplished.

Costs were also reviewed, with a $3,000 reduction for an unsubstantiated expert retainer. The award is to be paid to the respective former counsels' IOLTA accounts.