Award of Attorney's Fees and Costs in Vaccine Act Case

Strategic Insights -

Emily Gross, a petitioner in the National Vaccine Injury Compensation Program, has been awarded $16,967.21 in attorney's fees and costs following a ruling on June 25, 2024, that she was entitled to compensation for a shoulder injury related to a Tdap vaccine she received on December 2, 2021. The decision was issued by Chief Special Master Brian H. Corcoran on September 3, 2025. Gross's counsel, Laura Levenberg, requested the award, which was deemed reasonable and consistent with prior determinations.

Key Takeaways:

  • Emily Gross, a petitioner in the National Vaccine Injury Compensation Program, was awarded $16,967.21 in attorney's fees and costs for her successful claim.
  • The award was based on a petition filed on June 25, 2024, alleging a shoulder injury related to a Tdap vaccine received on December 2, 2021.
  • Chief Special Master Brian H. Corcoran issued the decision on September 3, 2025, finding the requested rates and costs reasonable and consistent with prior determinations.
  • The Vaccine Act permits an award of reasonable attorney's fees and costs for successful claimants in the program.
  • Petitioner's counsel, Laura Levenberg, provided supporting documentation for all claimed costs, which were deemed reasonable and awarded in full.
  • The award was made payable through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement.
  • The decision was posted on the United States Court of Federal Claims website, in accordance with the E-Government Act of 2002.
  • Petitioner has 14 days to identify and move to redact medical or other information that would constitute an unwarranted invasion of privacy.

Statistics:

  • The total award amount was $16,967.21.
  • $16,131.70 was awarded in attorneys' fees.
  • $835.51 was awarded in costs.
  • The award was based on a petition filed on June 25, 2024, which alleged a shoulder injury related to a Tdap vaccine received on December 2, 2021.
  • The decision was issued by Chief Special Master Brian H. Corcoran on September 3, 2025.

Sources:

  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.
  • National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.
  • Vaccine Act of 2002, 44 U.S.C. § 3501 note (2018).
  • Decision on Attorney's Fees and Costs, Case 1:24-vv-00967-UNJ Document 34 Filed 09/03/25 Page 1 of 2.
  • Response, ECF No. 30.
  • Motion, Ex. B at 1-9.