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

Strategic Insights -

Cassie Malone, a petitioning lawyer, successfully filed a petition under the National Vaccine Injury Compensation Program (Vaccine Act) alleging Guillain-Barre Syndrome resulting from an influenza vaccination. After a stipulated agreement, Chief Special Master Corcoran issued a decision awarding compensation to Malone. Now, Malone has filed a motion for attorney's fees and costs, requesting $18,705.94. The request was submitted without objection from the respondent, and the Chief Special Master has granted the motion.

Key Takeaways:

  • Cassie Malone petitioned the National Vaccine Injury Compensation Program for compensation under the Vaccine Act, alleging Guillain-Barre Syndrome resulting from an influenza vaccination.
  • On February 21, 2023, Chief Special Master Corcoran issued a decision awarding compensation to Malone based on the parties' stipulation.
  • Malone has filed a motion for attorney's fees and costs requesting $18,705.94, which was submitted without objection from the respondent.
  • The Chief Special Master has reviewed the billing records and found no cause to reduce the requested hours or rates, awarding the full amount of $18,705.94 to Malone and her counsel, Amy A. Senerth, in a lump sum.
  • The decision awards $18,152.00 for attorney's fees and $553.94 in costs, with the payment jointly made to Malone and her counsel.
  • The clerk of the court is directed to enter judgment in accordance with the decision, which will be made publicly accessible on the United States Court of Federal Claims website.

Statistics:

  • $18,705.94: the total amount awarded to Malone and her counsel, Amy A. Senerth, for attorney's fees and costs.
  • $18,152.00: the amount awarded for attorney's fees.
  • $553.94: the amount awarded for attorney's costs.
  • May 22, 2023: the date Malone's motion for attorney's fees and costs was filed.
  • May 25, 2023: the date the respondent's reaction to the motion was filed.
  • August 7, 2023: the date the decision on attorney's fees and costs was filed.

Sources:

  • In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1625V CASSIE MALONE, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.
  • General Order No. 9
  • Vaccine Rule 18(b)
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.