Award of Attorney's Fees and Costs in Vaccine Act Case No. 23-2003V

Strategic Insights -

Chief Special Master Corcoran of the United States Court of Federal Claims has issued a decision awarding attorney's fees and costs to Maureen Cummings, a petitioner under the National Vaccine Injury Compensation Program. Cummings had filed a petition on November 17, 2023, alleging a shoulder injury related to vaccine administration following meningitis vaccines she received on August 10, 2022. After a stipulation was reached on March 4, 2025, Corcoran issued a decision awarding compensation to Cummings, and she has now filed a motion for attorney's fees and costs.

Key Takeaways:

  • Chief Special Master Corcoran awarded attorney's fees and costs to Maureen Cummings in the amount of $44,168.36, representing $41,738.00 in fees and $2,430.36 in costs.
  • The award covers the period from November 17, 2023, to April 24, 2025, and includes all costs incurred during that time.
  • The Vaccine Act permits an award of reasonable attorney's fees and costs for successful claimants, with the request appearing reasonable and supported by documentation.
  • Respondent did not object to the rates or amounts sought by Petitioner, and IOLTA account will be used for prompt disbursement.
  • The Clerk of Court will enter judgment in accordance with this decision, following the absence of a timely-filed motion for review.
  • Petitioner's counsel, Jessica Anne Olins of Maglio Christopher & Toale, PA, represented Cummings in the case.

Statistics:

  • $44,168.36: The total amount awarded to Maureen Cummings for attorney's fees and costs.
  • $41,738.00: The amount of fees awarded to Petitioner's counsel.
  • $2,430.36: The costs awarded to Petitioner in addition to fees.
  • 14 days: The time period allowed for Petitioner to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
  • April 24, 2025: The date on which Petitioner filed the motion for attorney's fees and costs.

Sources:

  • United States Court of Federal Claims, OFFICE OF SPECIAL MASTERS, No. 23-2003V MAUREEN CUMMINGS, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. (Issued June 26, 2025).
  • Vaccine Rule 18(b), Section 15(e), E-Government Act of 2002 (44 U.S.C. SS 3501 note, 2018).
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.