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Attorney's Fees and Costs Awarded in Vaccine Injury Compensation Program Case

Strategic Insights

— 1 min read

Michael Cervantes, a petitioning filed a claim under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq., alleging a shoulder injury related to vaccine administration caused by a tetanus and diphtheria vaccine and a pneumococcal conjugate vaccine on September 13, 2018. On December 19, 2024, the Court awarded compensation to Petitioner based on the parties' stipulation. Petitioner's counsel, Bridget Candace McCullough, Muller Brazil, LLP, requested an award of $62,693.42 in attorney's fees and costs.

Key Takeaways:

  • The Court awarded $62,659.88 in attorney's fees and costs to Petitioner's counsel, Bridget Candace McCullough, Muller Brazil, LLP, after reviewing the billing records and rates requested.
  • The Court found the proposed hourly rates of $400.00 for attorney Bridget McCullough and $211.00 for paralegal work to be reasonable, and awarded them in full.
  • The Court denied reimbursement of $33.54 in travel costs for upgraded "Main Cabin Extra" seating charge due to excessive costs.
  • Petitioner incurred no personal out-of-pocket expenses.
  • Respondent reported satisfaction with the statutory requirements for an award of attorney's fees and costs being met in the case, leaving the amount to be awarded to the discretion of the Court.
  • The Court awarded $10,982.03 in mediation services costs for 42.80 hours of work performed by former Chief Special Master Gary Golkiewicz at a rate of $464.00 per hour.

Statistics:

  • $62,659.88 total award for attorney's fees and costs
  • $48,279.90 awarded in attorney's fees
  • $14,379.98 awarded in costs (excluding mediation services cost)
  • 42.80 hours of work performed by former Chief Special Master Gary Golkiewicz in mediation services
  • $464.00 per hour rate for mediation services performed by former Chief Special Master Gary Golkiewicz
  • $11,413.52 in litigation costs, including obtaining medical records, Court's filing fee, travel expenses, and mediation costs

Sources:

  • In the United States Court of Federal Claims. "No. 20-0827V MICHAEL CERVANTES, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent." Chief Special Master Corcoran, August 15, 2025.
  • Petitioner's Application for Fees and Costs (ECF No. 72), filed May 2, 2025.
  • Respondent's Response to Motion (ECF No. 73), filed May 5, 2025.
  • Blair v. Sec'y of Health & Hum. Servs., No. 19-894V, 2022 WL 17852432, at *3 (Fed. Cl. Spec. Mstr. Nov. 30, 2022).

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