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

Strategic Insights -

Ariana Drivdahl, the petitioner, was awarded compensation in a vaccine injury case related to an influenza vaccine administered on November 11, 2020. The case, No. 21-1015V, was decided on April 13, 2023, with a decision awarding compensation to the petitioner. The court has now addressed the petitioner's motion for attorney's fees and costs, seeking reimbursement for $17,734.79.

Key Takeaways:

  • The court reduced the hourly rate for attorney Alan K. Nicolette from $425 to $395 for work performed in 2021-22, resulting in a reduction of $307.50 in attorney's fees.
  • The petition was filed on February 24, 2021, and the case was decided on April 13, 2023.
  • The court granted the petitioner's motion for attorney's fees and costs, awarding a total of $17,712.29.
  • The award includes a lump sum of $17,427.29 for reimbursement of fees and costs, and a lump sum of $285.00 for reimbursement of costs.
  • The court reduced the hourly rate for paralegal work from $125 to the previously awarded rate of $395.
  • The court adopted the reasonable and consistent hourly rate of $395 for attorney work performed in 2021-22.

Statistics:

  • $17,734.79: total amount requested by the petitioner for attorney's fees and costs.
  • $307.50: reduction in attorney's fees due to the reduction in hourly rate for attorney Alan K. Nicolette.
  • $425: hourly rate requested for attorney work performed in 2023.
  • $395: hourly rate adopted for attorney work performed in 2021-22.
  • $17,712.29: total awarded amount for attorney's fees and costs.
  • 10.25 hrs: number of hours billed by attorney Alan K. Nicolette in 2021-22 that required rate adjustment.
  • $285.00: amount awarded for reimbursement of costs.

Sources:

  • ECF No. 37: Petitioner's Application for Attorney's Fees and Costs.
  • ECF No. 38: Respondent's Response to Motion.
  • ECF No. 39: Petitioner's signed statement indicating she incurred out-of-pocket expenses.
  • United States Court of Federal Claims, OFFICE OF SPECIAL MASTERS No. 21-1015V.
  • Vaccine Rule 18(b).
  • Vaccine Act, 42 U.S.C. § 300aa-10, et seq.