Decision on Attorneys' Fees and Costs in National Vaccine Injury Compensation Program Case

Strategic Insights -

Petitioner Stacy Danforth filed a petition for compensation under the National Vaccine Injury Compensation Program for a Table shoulder injury related to vaccine administrations ("SIRVA") as a result of a tetanus, diphtheria, and acellular pertussis ("Tdap") vaccination received on October 20, 2018. The case was filed on October 15, 2021, and respondent was awarded compensation on May 30, 2024. Petitioner then filed a motion for attorneys' fees and costs on November 5, 2024, requesting $17,520.00 in attorneys' fees and $588.85 in attorneys' costs.

Key Takeaways:

  • The US Court of Federal Claims awarded petitioner Stacy Danforth a total of $18,108.85, comprising $17,520.00 in attorneys' fees and $588.85 in attorneys' costs.
  • The Court applied the lodestar approach to determine reasonable attorneys' fees and costs, multiplying the number of hours reasonably expended on the litigation by a reasonable hourly rate.
  • Petitioner's requested hourly rates were deemed reasonable by the Court, with rates ranging from $155.00 for paralegals to $525.00 for attorneys.
  • The Court reviewed the billing entries and found them to be adequate in describing the work done and the amount of time spent on the case.
  • Petitioner was awarded the full amount of costs sought, totaling $588.85.
  • The Court concluded that petitioner's request for fees and costs was reasonable and awarded a lump sum of $18,108.85 to be paid through an ACH deposit to petitioner's counsel's IOLTA account.

Statistics:

  • Total award amount: $18,108.85
  • Attorneys' fees: $17,520.00
  • Attorneys' costs: $588.85
  • Number of hours reasonably expended on the litigation: not explicitly stated
  • Reasonable hourly rate for attorneys: $475.00 - $525.00
  • Reasonable hourly rate for paralegals: $155.00 - $195.00

Sources:

  • Vaccine Act, 42 U.S.C. § 300aa-10 et seq.
  • Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008)
  • Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993)
  • Vanore v. Sec'y of Health & Human Servs., No. 21-870V, 2025 WL 407022 (Fed. Cl. Spec. Mstr. Jan. 3, 2025)