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

Strategic Insights

— 1 min read

Jessica Berthold, a petitioner in a vaccine injury compensation case, was awarded $54,630.34 in attorney's fees and costs on February 11, 2025. The award, granted by Chief Special Master Brian H. Corcoran, was made in accordance with the Vaccine Act, which permits an award of reasonable attorney's fees and costs for successful claimants. Berthold alleged a shoulder injury related to vaccine administration resulting from an influenza vaccine received on September 20, 2021, and a decision awarding compensation was issued on January 13, 2025.

Key Takeaways:

  • The United States Court of Federal Claims awarded $54,630.34 in attorney's fees and costs to Jessica Berthold on February 11, 2025.
  • The award, granted by Chief Special Master Brian H. Corcoran, was made in accordance with the Vaccine Act, which permits an award of reasonable attorney's fees and costs for successful claimants.
  • The total amount includes $53,168.00 in fees and $1,462.34 in costs, with no personal out-of-pocket expenses incurred by Berthold.
  • Respondent indicated satisfaction of the statutory requirements for an award of attorneys' fees and costs, deferring resolution of the amount to the discretion of the Chief Special Master.
  • The billing records submitted with Berthold's request were found reasonable by the Chief Special Master, with no cause to reduce the requested hours or rates.
  • Supporting documentation was provided for the requested costs, with the overall costs incurred deemed reasonable and awarded in full.

Statistics:

  • Total award amount: $54,630.34
  • Total fees: $53,168.00
  • Total costs: $1,462.34
  • Number of days to file the motion for attorney's fees: 14
  • Total hours worked by attorney(s): not specified (billable hours were reviewed but not quantified)
  • Number of requests to redact medical information: 1 (filed by Petitioner on February 11, 2025)
  • Vaccine Act: 42 U.S.C. § 300aa-10, et seq.

Sources:

  • United States Court of Federal Claims (OFFICE OF SPECIAL MASTERS No. 24-0417V)
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755
  • Vaccine Rule 18(b), Vaccine Rule 11(a)
  • Appendix B to the Rules of the Court

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