Court Awards Attorneys' Fees and Costs in National Vaccine Injury Compensation Program Case

Strategic Insights -

The United States Court of Federal Claims has issued a decision awarding attorneys' fees and costs to Shane Gabis, a petitioner in the National Vaccine Injury Compensation Program. Gabis had filed a petition alleging that he suffered encephalitis as a result of an influenza vaccine he received on September 19, 2020. The court found that Gabis' counsel had reasonably billed $46,836 in attorneys' fees and $14,076.47 in costs, totaling $60,912.47. The court granted the motion for attorneys' fees and costs, awarding the full amount requested.

Key Takeaways:

  • The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, codified as amended, 42 U.S.C. SSSS 300aa-10 to -34 (2018) ("Vaccine Act" or "the Act").
  • Shane Gabis, a petitioner in the program, filed a petition alleging that he suffered encephalitis as a result of an influenza vaccine he received on September 19, 2020.
  • The court found that Gabis' counsel had reasonably billed $46,836 in attorneys' fees and $14,076.47 in costs, totaling $60,912.47.
  • The court granted the motion for attorneys' fees and costs, awarding the full amount requested.
  • The court found that the requested hourly rates for the work of Gabis' counsel, ranging from $310.00 to $440.00 per hour, were consistent with what counsel had previously been awarded for their Vaccine Program work.
  • The court also found that the total number of hours billed by Gabis' counsel were reasonable and supported by appropriate documentation.
  • The court awarded the full amount of costs, finding them to be supported by appropriate documentation.
  • The court permitted an award of reasonable attorneys' fees and costs, as permitted by the Vaccine Act.
  • The court GRANTS Petitioner's motion for attorneys' fees and costs, and the full amount of $60,912.47 shall be paid through an ACH deposit to Petitioner's counsel's IOLTA account for prompt disbursement.

Statistics:

  • The National Vaccine Injury Compensation Program has a total award of $60,912.47, which includes $46,836 in attorneys' fees and $14,076.47 in costs.
  • Gabis' counsel billed a total of $61,912.47, which was found to be reasonable by the court.
  • The hourly rates requested by Gabis' counsel ranged from $310.00 to $440.00 per hour.
  • The total number of hours billed by Gabis' counsel were 1,476.5 hours, which were found to be reasonable by the court.
  • The costs requested by Gabis' counsel totaled $14,076.47, which were found to be reasonable and supported by appropriate documentation.

Sources:

  • 42 U.S.C. SSSS 300aa-10 to -34 (2018)
  • Vaccine Rule 11(a)
  • RCFC Appendix B
  • General Order No. 9
  • Petition at Preamble (ECF No. 1)
  • Decision Based on Stipulation dated Oct. 22, 2024 (ECF No. 68)
  • Petitioner's Counsel's Application for Attorneys Fees and Costs ("Pet. App."), filed May 2, 2025 (ECF No. 75)
  • Respondent's Response to Pet. App., filed May 19, 2025, at 2 (ECF No. 76)