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

Strategic Insights -

Brianna Wagner filed a petition for compensation under the National Vaccine Injury Compensation Program in October 2022, alleging a shoulder injury related to an influenza vaccine she received in November 2020. The parties stipulated that she suffered a vaccine-related injury, and on December 26, 2024, Chief Special Master Corcoran issued a decision awarding compensation to Wagner. Following this, Wagner submitted a motion for attorney's fees and costs, requesting $26,535.16. After reviewing the billing records and finding no cause to reduce the requested hours or rates, the Chief Special Master granted the motion and awarded the full amount of $26,535.16.

Key Takeaways:

  • The National Vaccine Injury Compensation Program awards reasonable attorney's fees and costs to successful claimants, as permitted by Section 15(e) of the Vaccine Act.
  • The Chief Special Master in this case, Brian H. Corcoran, reviewed the billing records and determined that the requested fees and costs were reasonable and did not require reduction.
  • The awarded amount of $26,535.16 included $25,099.00 in attorney's fees and $1,436.16 in costs.

Statistics:

  • The award amount of $26,535.16 includes $25,099.00 in attorney's fees and $1,436.16 in costs.
  • The requested total amount was $26,535.16.
  • The Chief Special Master reviewed the billing records and determined that the requested fees and costs were reasonable.

Sources:

  • "No. 22-1616V BRIANNA WAGNER, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent." (OFFICE OF SPECIAL MASTERS, United States Court of Federal Claims)
  • National Center for Biotechnology Information, "National Childhood Vaccine Injury Act of 1986" (Public Law No. 99-660, 100 Stat. 3755)
  • United States Court of Federal Claims, "Vaccine Rule 11(a)"
  • National Vaccine Injury Compensation Program, "Vaccine Act § 15(e)"