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Attorneys' Fees and Costs Awarded in National Vaccine Injury Compensation Program Case

Strategic Insights

— 1 min read

The United States Court of Federal Claims has issued a decision awarding attorneys' fees and costs in a National Vaccine Injury Compensation Program case. The petition, filed by Dorothy Pohl, alleged that she suffered Guillain-Barre Syndrome as a result of an influenza vaccine she received in 2020. After a stipulation-based decision was issued in August 2024, Pohl requested $66,789.25 in attorneys' fees and costs, which includes $39,514.30 in attorneys' fees and $27,274.95 in costs. The respondent, the Secretary of Health and Human Services, has stated that he is satisfied with the statutory requirements for an award of attorneys' fees and costs.

Key Takeaways:

  • The court awarded attorneys' fees and costs in the total amount of $66,789.25 to Dorothy Pohl.
  • The fees include $39,514.30 in attorneys' fees and $27,274.95 in costs.
  • The court found the requested hourly rates and costs to be reasonable and consistent with previous awards for Vaccine Program work.
  • Petitioner requested the following hourly rates for counsel: $395.00-$486.00 per hour; for Richard Armada: $441.00-$463.00 per hour; and for Mike Milmoe: $553.00-$584.00 per hour.
  • The court also approved the rates requested for paralegals, ranging from $165.00 to $190.00 per hour.
  • The court found the total number of hours billed to be reasonable and awarded them in full.
  • The Vaccine Act permits an award of reasonable attorneys' fees and costs.
  • The court granted Pohl's motion for attorneys' fees and costs, finding no cause to reduce the requested hours or rates, or the requested costs.
  • The Secretary of Health and Human Services has agreed to pay the awarded fees and costs.

Statistics:

  • Total award: $66,789.25
  • Attorneys' fees: $39,514.30
  • Costs: $27,274.95
  • Requested hourly rates for counsel: $395.00-$486.00 per hour
  • Requested hourly rates for paralegals: $165.00-$190.00 per hour
  • Number of hours billed: reasonable and awarded in full (amount not specified)
  • Date of original petition: March 29, 2022
  • Date of stipulation-based decision: August 29, 2024
  • Date of request for attorneys' fees and costs: February 13, 2025

Sources:

  • United States Court of Federal Claims (Decision Awarding Attorneys' Fees and Costs)
  • Vaccine Rule 18(b)
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. SSSS 300aa-10 to -34 (2018) ("Vaccine Act" or "the Act")

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