Award of Attorneys' Fees and Costs in National Vaccine Injury Compensation Program Case

Strategic Insights -

On May 17, 2019, Kathryn Larson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered from transverse myelitis as a result of a Tetanus-diphtheria-acellular pertussis ("Tdap") vaccination on August 1, 2016. The court awarded compensation based on the parties' joint stipulation on February 22, 2024. Petitioner later filed a motion for an award of attorneys' fees and costs, seeking $136,253.17, including $118,135.80 for attorneys' fees and $18,117.37 for litigation costs. The court has reviewed the billing records and finds the request reasonable. The undersigned awards a lump sum of $136,253.17 to be paid through an ACH deposit to petitioner's counsel of record, Ronald Craig Homer's IOLTA account for prompt disbursement.

Key Takeaways:

  • Petitioner Kathryn Larson filed a petition for compensation under the National Vaccine Injury Compensation Program on May 17, 2019, alleging transverse myelitis resulting from a Tdap vaccination on August 1, 2016.
  • The parties stipulated to a joint award of compensation on February 22, 2024, and the undersigned issued a decision awarding compensation.
  • Petitioner's motion for attorneys' fees and costs, seeking $136,253.17, was granted by the court, with $118,135.80 for attorneys' fees and $18,117.37 for litigation costs.
  • The undersigned reviewed the billing records and found the request reasonable, with no cause to reduce the requested hours or rates.
  • The costs, including $6,000.00 for expert services of neurologist Salvatore Napoli and $7,563.20 for joint exploration costs, also appear to be reasonable and sufficiently documented.
  • The failure of respondent to identify specific objections to the request for attorneys' fees and costs may be taken into consideration by the special master in the decision, according to Vaccine Rule 13(a)(3).
  • The undersigned exercises discretion in determining a reasonable award for attorneys' fees and costs, cautioning that determination of fees "should not result in a second major litigation."

Statistics:

  • $136,253.17: total award for attorneys' fees and costs
  • $118,135.80: attorneys' fees
  • $18,117.37: litigation costs
  • $6,000.00: expert services of neurologist Salvatore Napoli
  • $7,563.20: joint exploration costs (petitioner's half)
  • 14 days: time period for petitioner to identify and move to redact medical or other information that would constitute an unwarranted invasion of privacy

Sources:

  • 42 U.S.C. § 300aa-10, et seq. (Vaccine Act)
  • 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services)
  • Vaccine Rule 13(a)(3)
  • Vaccine Rule 18(b)
  • General Order No. 9