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

Strategic Insights -

Kathleen Boland, a petitioner, filed a petition under the National Vaccine Injury Compensation Program for a shoulder injury related to vaccine administration following a tetanus diphtheria acellular pertussis vaccine she received in 2019. The United States Court of Federal Claims issued a decision on September 10, 2024, awarding compensation to Boland based on the parties' stipulation. Following the decision, Boland's attorney filed a motion for attorney's fees and costs, requesting an award of $12,071.52.

Key Takeaways:

  • The United States Court of Federal Claims awarded attorney's fees and costs in the total amount of $12,071.52 to Kathleen Boland.
  • The award consists of $11,638.45 in fees and $433.07 in costs.
  • The fees and costs were awarded following a motion filed by Boland's attorney, Howard Scott Gold, on March 21, 2025.
  • Respondent, the Secretary of Health and Human Services, was satisfied that the statutory requirements for an award of attorneys' fees and costs were met, but defered resolution of the amount to be awarded to the discretion of the Chief Special Master, Brian H. Corcoran.
  • The Chief Special Master reviewed the billing records and found the request to be reasonable, with no cause to reduce the requested hours or rates.
  • Boland provided supporting documentation for all claimed costs, and the Chief Special Master found the requested costs to be reasonable.

Statistics:

  • The total amount of attorney's fees and costs awarded is $12,071.52.
  • The amount of fees awarded is $11,638.45.
  • The amount of costs awarded is $433.07.

Sources:

  • Case 1:21-vv-00575-UNJ Document 61
  • E-Government Act of 2002
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755
  • Vaccine Rule 18(b)
  • Vaccine Act, 42 U.S.C. SS 300aa (2018)