Award of Attorney's Fees and Costs in Vaccine Injury Compensation Program Case
Petitioner Mitchell Foster received compensation for a shoulder injury related to vaccine administration after receiving an influenza vaccine in 2020. The U.S. Court of Federal Claims awarded Foster compensation on July 9, 2024. Foster's attorney, Ronald Craig Homer, submitted a motion for attorney's fees and costs, requesting $28,566.49. The court reviewed the billing records and found the request reasonable, with no cause to reduce the requested hours or rates.
Key Takeaways:
- Mitchell Foster received compensation for a shoulder injury related to vaccine administration after receiving an influenza vaccine in 2020.
- The U.S. Court of Federal Claims awarded Foster compensation on July 9, 2024, based on the parties' stipulation.
- Foster's attorney, Ronald Craig Homer, submitted a motion for attorney's fees and costs, requesting $28,566.49.
- The court reviewed the billing records and found the request reasonable, with no cause to reduce the requested hours or rates.
- Foster has provided supporting documentation for all claimed costs, and Respondent offered no specific objection to the rates or amounts sought.
- The Vaccine Act permits an award of reasonable attorney's fees and costs for successful claimants.
Statistics:
- Total amount awarded to Foster for attorney's fees and costs: $28,566.49
- Amount of fees awarded: $27,840.00
- Amount of costs awarded: $726.49
- Number of days between Foster's petition filing and award of compensation: 526 days
- Date of Foster's petition filing: December 27, 2022
- Date of award of compensation: July 9, 2024
- Date of motion for attorney's fees and costs submission: February 28, 2025
- Date of Respondent's reaction to the motion: March 3, 2025
Sources:
- Case 1:22-vv-01899-UNJ Document 50 Filed 06/18/25 Page 1 of 2
- National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755
- 42 U.S.C. § 300aa-10, et seq. (the "Vaccine Act")