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

Strategic Insights

— 1 min read

Kathleen Burden, a petitioner, filed a petition under the National Vaccine Injury Compensation Program (NVICP) alleging a shoulder injury related to vaccine administration following an influenza vaccine she received on October 19, 2021. After the parties stipulated to a decision, Chief Special Master Corcoran issued a decision awarding compensation to Petitioner on October 22, 2024. Subsequently, Petitioner filed a motion for attorney's fees and costs, requesting an award of $15,885.05. The motion was supported by detailed billing records and documentation for all claimed costs. Respondent indicated satisfaction with the statutory requirements for an award of attorneys' fees and costs, deferring resolution of the amount to the Chief Special Master's discretion. Following review of the billing records, Chief Special Master Corcoran found the request reasonable and awarded the full amount of $15,885.05.

Key Takeaways:

  • Kathleen Burden, a petitioner under the NVICP, received a decision awarding compensation on October 22, 2024.
  • The decision was based on a stipulation between the parties, resolving the petitioner's claim for a shoulder injury related to vaccine administration.
  • The Chief Special Master awarded attorney's fees and costs in the amount of $15,885.05, representing $14,715.30 in fees and $1,169.75 in costs.
  • Petitioner provided detailed billing records and supporting documentation for all claimed costs, which were found reasonable by the Chief Special Master.
  • The NVICP statutory requirements for an award of attorneys' fees and costs were met in this case.
  • The award was made through an ACH deposit to the petitioner's counsel's IOLTA account for prompt disbursement.

Statistics:

  • Total amount of attorney's fees and costs awarded: $15,885.05
  • Breakdown of fees and costs:

* Attorney fees: $14,715.30

* Costs: $1,169.75

  • Number of days between the filing of the petition and the award of attorney's fees and costs: approximately 337 days (from January 10, 2023, to February 20, 2025)

Sources:

  • No. 23-35V Kathleen Burden, Petitioner, v. Secretary of Health and Human Services, Respondent. (May 8, 2025)
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (December 17, 1986)
  • Vaccine Act, 42 U.S.C. § 300aa-10, et seq. (2018)
  • Vaccine Rule 18(b) (2018)
  • Vaccine Rule 11(a) (2018)

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