Attorneys' Fees and Costs Awarded in Vaccine Injury Case

Strategic Insights -

Michael J. Diaz, the petitioner, has been awarded $63,046.52 in attorneys' fees and costs by the United States Court of Federal Claims. The award stems from Diaz's successful claim under the National Vaccine Injury Compensation Program, which was filed on October 9, 2020. Diaz alleged that the influenza vaccine he received on October 17, 2017, caused him to develop transverse myelitis. The parties filed a joint stipulation on July 22, 2024, which was adopted by the special master, and Diaz subsequently filed a motion for attorneys' fees and costs on September 18, 2024.

Key Takeaways:

  • The petitioner, Michael J. Diaz, was awarded $63,046.52 in attorneys' fees and costs.
  • The award was made by the United States Court of Federal Claims, specifically Special Master Christian J. Moran.
  • The claim was filed under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine caused Diaz to develop transverse myelitis.
  • The parties filed a joint stipulation on July 22, 2024, which was adopted by the special master.
  • Diaz worked with lawyer Jeffrey S. Pop and Associates from Beverly Hills, California, in his case.
  • The respondent, the Secretary of Health and Human Services, deferred to the special master's assessment of the requested amount.

Statistics:

  • $63,046.52: The total amount awarded to Diaz in attorneys' fees and costs.
  • $51,176.00: The amount requested for attorneys' fees.
  • $11,870.52: The amount requested for attorneys' costs.
  • 42 U.S.C. § 300aa-15(e): The section of the United States Code that permits an award of reasonable attorney's fees and costs.
  • 2 years: The timeline from when Diaz received the influenza vaccine to when he filed his claim.
  • 4 months: The time between the joint stipulation being filed and Diaz's motion for attorneys' fees and costs.
  • 1 year: The time between when Diaz filed his motion for attorneys' fees and costs and the award being made.

Sources:

  • United States Court of Federal Claims: 1:20-vv-01360-UNJ Document 96 Filed 10/10/25 Page 1 of 2
  • Vaccine Rule 18(b)
  • 44 U.S.C. § 3501 note (2018)
  • 42 U.S.C. § 300aa-10 through 34
  • 2024 WL 3834174