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

Strategic Insights

— 1 min read

Erin Severens, a petitioner in a vaccine injury compensation case, was awarded compensation on February 7, 2025, after alleging a shoulder injury related to vaccine administration following a Tdap vaccination on April 11, 2023. On March 14, 2025, her counsel filed a motion for attorney's fees and costs, requesting $16,277.41, representing $15,233.20 in fees and $1,044.21 in costs. The respondent, Secretary of Health and Human Services, was satisfied that the statutory requirements for an award of attorney's fees and costs were met but deferred resolution of the amount to be awarded to the discretion of the Chief Special Master.

Key Takeaways:

  • The petitioner, Erin Severens, was awarded compensation for a shoulder injury related to vaccine administration on February 7, 2025.
  • The award of $16,169.41 includes $15,125.20 in fees and $1,044.21 in costs.
  • Counsel for the petitioner requested an hourly rate of $350.00 for 2025 work performed by attorney Leigh Finfer, but this rate was reduced to $330.00 per hour.
  • The reduction in the hourly rate for attorney Finfer resulted in a reduction of $108.00 in the amount of fees to be awarded.
  • The respondent, Secretary of Health and Human Services, offered no specific objection to the rates or amounts sought by the petitioner.
  • The Chief Special Master granted, in part, the petitioner's Motion for attorney's fees and costs, awarding a total of $16,169.41.

Statistics:

  • The award of attorney's fees and costs is $16,169.41.
  • The amount of fees requested was $15,233.20.
  • The amount of costs requested was $1,044.21.
  • The hourly rate for 2025 work by attorney Leigh Finfer was reduced from $350.00 to $330.00 per hour.
  • The reduction in the hourly rate resulted in a reduction of $108.00 in the amount of fees to be awarded.

Sources:

  • The United States Court of Federal Claims opinion (no specific date).
  • 42 U.S.C. § 300aa-10, et seq. (the "Vaccine Act").
  • Olszanicky v. Sec'y of Health & Hum. Servs., No. 23-1026V, Slip Op. 32 (Fed. Cl. Spec. Mstr. April 22, 2025).

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