Reduction of Attorney's Fees and Costs in Vaccine Compensation Case No. 19-1958V

Strategic Insights -

A recent ruling by the United States Court of Federal Claims has resulted in a reduction of attorney's fees and costs in Vaccine Compensation Case No. 19-1958V. Angela Quinn Cross, the petitioner, had initially filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration. After a decision was issued awarding compensation, Cross sought reimbursement for attorney's fees and costs. The Chief Special Master, Brian H. Corcoran, reviewed the fee request and determined that a reduction was necessary due to excessive billing hours.

Key Takeaways:

  • The Chief Special Master reduced the attorney's fees from $44,204.70 to $43,984.70, a decrease of $220.00.
  • The reduced fee rate for 2023 was set at $425 per hour, as opposed to the originally requested $450 per hour.
  • The requested costs of $781.37 were awarded in full, consisting of medical record retrieval, shipping, and the Court's filing fee.
  • The petitioner's counsel, John Leonard Shipley, requested the rates of compensation for the work of $375 per hour for 2020 and $400 per hour for 2021, which were found to be consistent with prior awards in the Vaccine Program.
  • The special master acknowledged that the petitioner "bears the burden of establishing the hours expended, the rates charged, and the expenses incurred."
  • The decision notes that the special master "may reduce a fee request sua sponte, apart from objections raised by respondent and without providing a petitioner notice and opportunity to respond."
  • The petitioner's motion for attorney's fees and costs was filed on March 25, 2023, and the respondent reacted to the motion on March 22, 2023.

Statistics:

  • Total amendment to attorney's fees and costs award: $248.42 (covering a reduction of $220.00 in attorney's fees and awarding full costs of $781.37)
  • Awarded attorney's fees: $43,984.70
  • Awarded attorney's costs: $781.37
  • Filing date of the petitioner's motion for attorney's fees and costs: March 25, 2023
  • Filing date of the respondent's reaction to the motion: March 22, 2023
  • Final award granted for attorney's fees and costs: July 7, 2023

Sources:

  • United States Court of Federal Claims opinion in Case No. 19-1958V: June 2, 2023
  • National Vaccine Injury Compensation Program: 42 U.S.C. § 300aa-10, et seq.
  • General Order No. 9: (reference to filed statement indicating no out-of-pocket expenses)
  • Attorneys' Fee Schedule for 2023: available at http://www.uscfc.uscourts.gov/node/2914