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

Strategic Insights -

Marlene Swords, a petitioner, filed a claim for compensation under the National Vaccine Injury Compensation Program after suffering a shoulder injury related to vaccine administration following an influenza vaccine in February 2022. After a decision awarding compensation was made on January 3, 2025, Swords filed a motion for attorney's fees and costs, requesting $13,053.62. The motion was granted, and Swords was awarded the total amount requested, including $12,069.20 in fees and $984.42 in costs, to be paid through an ACH deposit to her counsel's IOLTA account.

Key Takeaways:

  • Marlene Swords filed a petition for compensation under the National Vaccine Injury Compensation Program on August 9, 2023, alleging a shoulder injury related to vaccine administration following an influenza vaccine on February 10, 2022.
  • A decision awarding compensation to Swords was issued on January 3, 2025, based on the Respondent's proffer.
  • Swords filed a motion for attorney's fees and costs on April 2, 2025, requesting $13,053.62, which includes $12,069.20 in fees and $984.42 in costs.
  • The motion was granted, and Swords was awarded the total amount requested.
  • The fees and costs were awarded to be paid through an ACH deposit to Swords' counsel's IOLTA account.
  • The total amount awarded was $13,053.62, representing $12,069.20 in fees and $984.42 in costs.
  • The award was made in accordance with the Vaccine Act's provision for an award of reasonable attorney's fees and costs for successful claimants.
  • The decision was made by Chief Special Master Brian H. Corcoran, who found the requested costs reasonable and hereby awarded them in full.

Statistics:

  • Total amount awarded: $13,053.62

+ Fees: $12,069.20

+ Costs: $984.42

  • Date of decision awarding compensation: January 3, 2025
  • Date of filing of motion for attorney's fees and costs: April 2, 2025
  • Date of award of attorney's fees and costs: July 18, 2025

Sources:

  • United States Court of Federal Claims
  • Public Law No. 99-660
  • 42 U.S.C. §300aa (2018)
  • E-Government Act of 2002
  • Vaccine Rule 18(b)
  • Vaccine Rule 11(a)
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755