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Attorney's Fees and Costs Awarded in Vaccine Compensation Case

Strategic Insights

— 2 min read

The United States Court of Federal Claims has awarded attorney's fees and costs in a vaccine compensation case, with Petitioner David Trainor receiving a total of $34,415.67. The award was made by Chief Special Master Brian H. Corcoran on October 9, 2025, in the case of Trainor v. Secretary of Health and Human Services, No. 24-801V. Petitioner alleged that he suffered a shoulder injury related to vaccine administration as the result of an influenza vaccination he received on November 30, 2022.

Key Takeaways:

  • The Vaccine Act permits an award of reasonable attorney's fees and costs for successful claimants, with Section 15(e) allowing for costs and fees to be awarded.
  • The special master has discretion to reduce the hours spent on a case and award fees accordingly, with a focus on ensuring that fees are reasonable and not excessive.
  • In this case, Chief Special Master Corcoran reduced the amount of fees awarded by $1,179.10 due to adjustments in hourly rates and reductions in costs.
  • The award includes an award of $33,268.05 in fees and $1,147.62 in costs for a total of $34,415.67.
  • The Court has held that tasks that can be completed by a paralegal or legal assistant should not be billed at an attorney's rate.
  • In accordance with Vaccine Rule 18(b), the decision will be made publicly accessible and will be available on the Court's website.

Statistics:

  • Total award: $34,415.67
  • Fees award: $33,268.05
  • Costs award: $1,147.62
  • Reduction in fees due to rate adjustments: $1,179.10
  • Reduction in fees due to cost savings: $597.45
  • Number of hours spent on the case by attorney Joseph Shannon (subject to rate adjustments): 15.30
  • Number of hours spent on the case by paralegal (subject to rate adjustments): 1.50

Sources:

  • In re Vaccine Rule 18(b), 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services)
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755
  • Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313, 316-18 (2008)
  • Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993)
  • Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)
  • Wasson v. Sec'y of Health & Human Servs., 24 Cl. Ct. 482, 484 (1991)
  • Riggins v. Sec'y of Health & Hum. Servs., No. 99-382V, 2009 WL 3319818, at *21 (Fed. Cl. Spec. Mstr. June 15, 2009)
  • Doe/11 v. Sec'y of Health & Hum. Servs., No. XX-XXXXV, 2010 WL 529425, at *9 (Fed. Cl. Spec. Mstr. Jan. 29, 2010)

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