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Attorneys' Fees and Costs Awarded in Vaccine Injury Claim

Strategic Insights

— 1 min read

The United States Court of Federal Claims has issued an opinion awarding attorneys' fees and costs to Alexander Terry, a petitioner in the National Vaccine Injury Compensation Program. The decision, dated August 14, 2025, authorized the payment of $60,071.65 to cover the costs of litigation. This amount includes $51,220.40 in attorneys' fees and $9,193.35 in costs, as requested by the petitioner. The court's ruling allowed for the full award, finding the requested rates and hours to be reasonable.

Key Takeaways:

  • The court awarded attorneys' fees and costs to Alexander Terry, a petitioner in the National Vaccine Injury Compensation Program.
  • The total award was $60,071.65, consisting of $51,220.40 in attorneys' fees and $8,851.25 in costs.
  • The court found the requested rates and hours to be reasonable, awarding the full amount requested by the petitioner.
  • Leah VaSahnja Durant, counsel for the petitioner, requested hourly rates ranging from $380 to $550 per hour, depending on the year.
  • The court applied a 13.5% reduction to Ms. Durant's requested hour rate due to a previous award of $530 per hour.
  • The court also reduced Ms. Elizabeth Vitt's requested hour rate by 45.4% due to previous awards of $430 and $460 per hour.
  • The court warned counsel against billing for noncompensable tasks, such as filing documents, in the future.
  • The court awarded the full amount of costs requested by the petitioner, finding the documentation to be reasonable and supported.

Statistics:

  • Total award: $60,071.65
  • Attorneys' fees: $51,220.40 (85.3% of total award)
  • Costs: $851.25 (1.4% of total award)
  • Hourly rates for Ms. Leah Durant: $380-$550 per hour, depending on the year
  • Hourly rate reduction for Ms. Elizabeth Vitt: 45.4%
  • Number of hours billed by Ms. Durant: 3.5 hours
  • Number of hours billed by Ms. Vitt: 5.3 hours (2024) and 0.7 hours (2025)

Sources:

  • United States Court of Federal Claims, Opinion and Award issued August 14, 2025.
  • Vaccine Rule 18(b)
  • 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services).
  • 42 U.S.C. § 300aa (2018) (National Childhood Vaccine Injury Act of 1986).
  • Case 1:21-vv-00276-UNJ Document 62 Filed 09/08/25 Page 1 of 3.

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