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

Strategic Insights -

Carol Ann Girgenti, the petitioner in a vaccine injury compensation program case, has been awarded a total of $16,863.13 in attorney's fees and costs. The award was made in accordance with the Vaccine Act, which permits the compensation of reasonable attorney's fees and costs for successful claimants. The fees and costs were awarded following a review of the billing records submitted by Petitioner's counsel, which revealed a reduction in the amount of fees to be awarded.

Key Takeaways:

  • The Vaccine Act permits an award of reasonable attorney's fees and costs for successful claimants, with fees to be awarded at rates consistent with previously awarded rates.
  • Petitioner's counsel, Amy A. Senerth and Maximillian Muller, requested compensation at rates of $275-$375 per hour and $325-$350 per hour, respectively.
  • The special master reduced Ms. Senerth's rate to $325 per hour for her time billed in 2022, consistent with her previously awarded rate, resulting in a reduction of attorney's fees to be awarded of $207.50.
  • Petitioner requests $823.13 in overall costs, comprised of obtaining medical records, shipping costs, and the Court's filing fee, which was awarded in full.
  • The award of attorney's fees and costs was made in accordance with the Vaccine Act, Section 15(e).
  • The special master has the discretion to reduce hours to a number that is reasonable for the work done, and may reduce a fee request sua sponte, apart from objections raised by respondent.
  • The petitioner bears the burden of establishing the hours expended, the rates charged, and the expenses incurred, and should present adequate proof at the time of submission.

Statistics:

  • Total award of attorney's fees and costs: $16,863.13.
  • Amount of attorney's fees awarded: $16,040.00.
  • Amount of costs awarded: $823.13.
  • Number of hours expended by Ms. Senerth in 2022: 8.30 hours.
  • Reduction in attorney's fees awarded: $207.50.
  • Petitioner's counsel's requested hourly rate for Ms. Senerth in 2022: $350 per hour.
  • Revised hourly rate for Ms. Senerth in 2022: $325 per hour.

Sources:

  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.
  • Vaccination Rule 18(b).
  • Vaccine Act, 42 U.S.C. SS 300aa-10, et seq.
  • Hensley v. Eckerhart, 461 U.S. 424 (1983).
  • Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993).
  • Babyak v. Sec'y of Health & Human Servs., No. 20-0495V, 2022 WL 2288692 (Fed. Cl. Spec. Mstr. May 19, 2022).
  • Neiman v. Sec'y of Health & Human Servs., No. 20-445V, 2022 WL 2282444 (Fed. Cl. Spec. Mstr. May 12, 2022).
  • Johnston v. Sec'y of Health & Human Servs., No. 19-0822V, 2022 WL 2387528 (Fed. Cl. Spec. Mstr. May 27, 2022).