Donald Smith v. HHS - Influenza, Bell's palsy (2025)

Donald Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on July 15, 2024, alleging that an influenza vaccination on October 29, 2021, caused him to develop Bell's palsy. On December 26, 2024, Smith filed a motion for interim attorneys' fees and costs, requesting $20,047.00 in fees and $761.05 in costs, totaling $20,808.05.

The respondent deferred to the Special Master's determination. The Special Master found the claim was brought in good faith and on a reasonable basis, deeming an interim award appropriate due to significant expert fees and a change in counsel.

While approving the requested hourly rates, the Special Master reduced the requested attorneys' fees by 5% ($1,002.35) due to non-compensable administrative tasks billed by paralegals, excessive billing for routine tasks, block billing, and repetitive tasks. The requested attorneys' costs of $761.05 were awarded in full.

The total award for interim attorneys' fees and costs was $19,805.70.