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

Strategic Insights -

Lucinda Laird, a petitioning claimant in the National Vaccine Injury Compensation Program, has been awarded attorneys' fees and costs in a case related to a left shoulder injury allegedly caused by a flu vaccination received on October 16, 2017. The award, totaling $18,131.22, was granted on June 10, 2025, following a stipulation-based decision on May 28, 2025. The undersigned Special Master, Nora Beth Dorsey, found the requested hourly rates and billing entries reasonable and consistent with previous Vaccine Program awards.

Key Takeaways:

  • Lucinda Laird was awarded a total of $18,131.22 in attorneys' fees and costs on June 10, 2025.
  • The award consisted of $11,364.00 in attorneys' fees, $67.22 in costs, and $6,700.00 in costs to Petitioner's previous counsel.
  • Petitioner's counsel, Wendy Cox, was awarded $11,364.00 in attorneys' fees, including $430.00 per hour for work performed in 2024 and $450.00 per hour for work performed in 2025.
  • The undersigned Special Master, Nora Beth Dorsey, found the requested hourly rates and billing entries reasonable and consistent with previous Vaccine Program awards.
  • The award was granted in accordance with the Vaccine Act and Vaccine Rule 18(b), which permits an award of reasonable attorneys' fees and costs.
  • The total amount of costs awarded was $8,067.22, including $6,700.00 for previous counsel and $1,367.22 in costs to Petitioner's current counsel.
  • The award was made through an ACH deposit to Petitioner's counsel's IOLTA account for prompt disbursement, and to Petitioner's previous counsel's IOLTA account.

Statistics:

  • Total awarded attorneys' fees and costs: $18,131.22
  • Awarded attorneys' fees: $11,364.00
  • Awarded costs: $6,767.22 ($67.22 in costs to current counsel and $6,700.00 in costs to previous counsel)
  • Total costs awarded to Petitioner's previous counsel: $6,700.00
  • Average hourly rate for counsel: $440.00 per hour
  • Total hours billed to the case: 25.9 hours (2024) and 24.8 hours (2025)

Sources:

  • Petition at Preamble (ECF No. 1)
  • Amended Petition at Preamble (ECF No. 46)
  • Decision Based on Stipulation dated May 28, 2025 (ECF No. 80)
  • Petitioner's Motion for Attorneys' Fees and Costs ("Pet. Mot."), filed June 10, 2025 (ECF No. 87)
  • Respondent's Response to Pet. Mot., filed June 10, 2025 (ECF No. 88)