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

Strategic Insights -

The United States Court of Federal Claims has issued a decision awarding attorneys' fees and costs to petitioner William Bartoszek in the case No. 17-1254V. The petition was filed on September 14, 2017, alleging that Bartoszek suffered Guillain Barre Syndrome as a result of a Prevnar-13 vaccination. On February 7, 2025, the special master issued a decision awarding compensation, and on March 25, 2025, Bartoszek filed a motion seeking an award of attorneys' fees and costs.

Key Takeaways:

  • The court awarded $11,861.91 in attorneys' fees and costs to petitioner William Bartoszek, including $10,727.50 for attorneys' fees, $1,130.77 for attorneys' costs, and $3.64 for petitioner's personal costs.
  • The special master found the request to be reasonable overall and had no cause to reduce the requested hours or rates, citing previous precedent in Henderson v. Sec'y of Health & Human Servs., No. 23-562V.
  • The Vaccine Act permits an award of reasonable attorneys' fees and costs.
  • Respondent agreed that the statutory requirements for an award of attorneys' fees and costs had been met and requested that the court exercise its discretion and determine a reasonable award.
  • The costs submitted appeared to be reasonable and sufficiently documented, and the special master granted petitioner's motion for attorneys' fees and costs.
  • The award was made to be paid through an ACH deposit to petitioner's counsel of record, Anne Carrion Toale's IOLTA account for prompt disbursement.

Statistics:

  • $11,861.91: total award of attorneys' fees and costs
  • $10,727.50: award for attorneys' fees
  • $1,130.77: award for attorneys' costs
  • $3.64: award for petitioner's personal costs
  • $11,858.27: reimbursement for attorneys' fees and costs, excluding personal costs
  • 42 U.S.C. § 300aa-10, et seq.: provision of the Vaccine Act governing the National Vaccine Injury Compensation Program
  • 44 U.S.C. § 3501 note (2018): provision governing the E-Government Act of 2002 and the posting of court documents on the web

Sources:

  • 2025 WL 2081189: Henderson v. Sec'y of Health & Human Servs., No. 23-562V, special master's decision (Fed. Cl. Spec. Mstr. June 23, 2025)
  • 42 U.S.C. § 300aa-10, et seq.: Vaccine Act
  • 44 U.S.C. § 3501 note (2018): E-Government Act of 2002
  • Vaccine Rule 13(a)(3): governing the submission of objections to requests for attorney's fees and costs
  • Vaccine Rule 18(b): governing the redaction of medical or other information from public access