Attorney's Fees and Costs Awarded in Vaccine Compensation Case

Strategic Insights -

Petitioner Jill Gardner, represented by attorney Jimmy Zgheib and his associates, sought compensation under the National Vaccine Injury Compensation Program for damages resulting from a Tdap vaccine. The United States Court of Federal Claims, Office of Special Masters, issued a decision on January 13, 2022, awarding compensation to Petitioner based on the Respondent's proffer. Following the award, Petitioner filed a motion for attorney's fees and costs, requesting a total award of $36,855.98. After reviewing the motion and the billing records, Chief Special Master Corcoran reduced the amount of fees to be awarded, taking into account the previously awarded hourly rates for the attorneys and the paralegals.

Key Takeaways:

  • The Vaccine Act permits an award of reasonable attorney's fees and costs.
  • The special master has discretion to reduce the hours submitted by the petitioner or reduce a fee request sua sponte.
  • The petitioner bears the burden of establishing the hours expended, the rates charged, and the expenses incurred.
  • The attorney, Jimmy Zgheib, and his associates were awarded a total of $36,633.98, representing $34,957.40 in fees and $1,676.58 in costs.
  • The requested rates for time billed between 2021 and 2022 are reasonable and consistent with what has previously been awarded.
  • A reduction of $222.00 was made for Mr. Zgheib and Ms. Sayad's rates for 2023, based on previously awarded rates.
  • The costs requested by Petitioner are comprised of obtaining medical records, shipping costs, and the Court's filing fee.
  • The special master reviewed all the requested costs and found them to be reasonable.
  • The decision awards a lump sum payment of $36,633.98, payable to Petitioner and her counsel, jointly.

Statistics:

  • The requested total award of $36,855.98 was reduced to $36,633.98.
  • $34,957.40 in fees were awarded to Jimmy Zgheib and his associates.
  • A total of $1,676.58 in costs were awarded.
  • The hourly rates for Jimmy Zgheib and his associates were reduced by $222.00 for 2023, making the new rate $360 per hour for both attorneys.
  • The petitioner spent $11.10 hours in attorney time in 2023 at the reduced hourly rate of $360.
  • The decision is a part of the United States Court of Federal Claims' publicly accessible online database.
  • The decision will be available on the internet for anyone to access.

Sources:

  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.
  • Savin v. Sec'y of Health & Hum. Servs., 85 Fed. Cl. 313, 316-18 (2008).
  • Saxton v. Sec'y of Health & Hum. Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993).
  • Wasson v. Sec'y of Health & Hum. Servs., 24 Cl. Ct. 482, 484 (1991).
  • Hensley v. Eckerhart, 461 U.S. 424, 434 (1983).
  • Case 1:22-vv-00045-UNJ Document 36 Filed 06/02/23 Page 1 of 4.