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

Strategic Insights -

Petitioner Joseph Karam filed a petition under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration. After a stipulation between the parties, compensation was awarded on November 5, 2024. However, the issue of attorney's fees and costs remained unresolved. On March 14, 2025, Petitioner filed a motion for attorney's fees and costs, requesting an award of $26,573.78. The motion was reviewed by the Chief Special Master, and after careful consideration, a reduced award was granted.

Key Takeaways:

  • The Chief Special Master, Brian H. Corcoran, reviewed the billing records submitted by Petitioner's counsel and found the rates reasonable but reduced the award due to administrative tasks billed separately.
  • Administrative tasks, such as scheduling, organizing exhibits, and filing documents, are considered overhead and cannot be billed separately.
  • The revised award of $26,014.28 reflects a reduction of $559.50 in fees for administrative tasks.
  • The requested costs were found to be reasonable and were awarded in full.
  • The award was granted after a review of the motion and supporting documentation, with no specific objection from Respondent.
  • The methods of acquiring costs and expenditures in the motion will be considered.

Statistics:

  • Total requested fees: $24,608.80
  • Total requested costs: $1,964.98
  • Awarded fees: $24,049.30
  • Awarded costs: $1,964.98
  • Total award: $26,014.28
  • Reduction in fees for administrative tasks: $559.50

Sources:

  • Rochester v. U.S., 18 Cl. Ct. 379 (1989)
  • Missouri v. Jenkins, 491 U.S. 274 (1989)
  • Bennett v. Dep't of Navy, 699 F.2d 1140 (Fed. Cir. 1983)
  • Floyd v. Sec'y of Health & Human Servs., No. 13-556V, 2017 WL 1344623 (Fed. Cl. Spec. Mstr. Mar. 2, 2017)
  • Silver v. Sec'y of Health & Human Servs., No. 16-1019V, 2018 U.S. Claims LEXIS 1058 (Fed. Cl. Spec. Mstr. July 31, 2018)
  • Vaccine Rule 18(b)
  • Vaccine Act, 42 U.S.C. § 300aa, et seq.
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755