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Award of Attorney's Fees and Costs in Vaccine Act Case 23-1798V

Strategic Insights

— 1 min read

A decision was issued on August 11, 2025, by Chief Special Master Corcoran in the United States Court of Federal Claims, awarding attorney's fees and costs to Ricardo Bush under the National Vaccine Injury Compensation Program. Bush had filed a petition on October 12, 2023, alleging a shoulder injury related to vaccine administration following a tetanus-diphtheria-acellular pertussis vaccine he received on August 20, 2022. After a stipulation between the parties, a decision was made on April 15, 2025, awarding compensation to Bush. Bush's counsel, Jeffrey S. Pop, submitted a motion for attorney's fees and costs, requesting a total of $22,473.55, which was awarded in full.

Key Takeaways:

  • The United States Court of Federal Claims awarded Ricardo Bush attorney's fees and costs in the total amount of $22,473.55, comprising $20,537.00 in fees and $1,936.55 in costs.
  • Bush received compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq., for shoulder injury related to vaccine administration following a tetanus-diphtheria-acellular pertussis vaccine received on August 20, 2022.
  • The parties stipulated to the decision on April 15, 2025, which was followed by a decision on attorney's fees and costs on August 11, 2025.
  • The reasonable hourly rates for work performed through 2025 were consistent with prior determinations and were awarded.
  • The supporting documentation for all claimed costs was provided by Bush's counsel, and Respondent offered no specific objection to the rates or amounts sought.
  • The Vaccine Act permits an award of reasonable attorney's fees and costs for successful claimants.
  • Petitioner's motion for review was made public and available on the United States Court of Federal Claims' website.

Statistics:

  • The total amount awarded to Bush was $22,473.55.
  • The amount of fees awarded was $20,537.00.
  • The amount of costs awarded was $1,936.55.
  • The date of the stipulation between the parties was April 15, 2025.
  • The date of the decision on attorney's fees and costs was August 11, 2025.
  • The date of filing for the petition was October 12, 2023.

Sources:

  • "United States Court of Federal Claims, Case No. 23-1798V, Ricardo Bush, Petitioner, v. Secretary of Health and Human Services, Respondent, Decision on Attorney's Fees and Costs," filed August 11, 2025.
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.

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