Special Master Awards Attorneys' Fees and Costs to Petitioner in Vaccine Injury Case

Strategic Insights -

Petitioner Tara Elvira filed a petition on April 14, 2017, under the National Childhood Vaccine Injury Act, alleging that her minor child, D.E., suffered from atypical Kawasaki disease caused or significantly aggravated by D.E.'s February 26, 2015 Prevnar-13 vaccination. After a decision was issued dismissing the petition on November 6, 2024, petitioner filed a motion seeking a final award of attorneys' fees and costs totaling $26,292.59. The special master has reviewed the billing records and determined that the request appears reasonable, awarding a lump sum of $26,292.59 to be paid through an ACH deposit to petitioner's counsel.

Key Takeaways:

  • The petitioner, Tara Elvira, filed a petition on April 14, 2017, under the National Childhood Vaccine Injury Act, alleging that her minor child, D.E., suffered from atypical Kawasaki disease caused or significantly aggravated by D.E.'s February 26, 2015 Prevnar-13 vaccination.
  • The special master has awarded a lump sum of $26,292.59 to petitioner's counsel, representing reimbursement for attorneys' fees and costs.
  • The special master has reviewed the billing records and determined that the request appears reasonable, with no cause to reduce the requested hours or rates.
  • The costs also appear to be reasonable and sufficiently documented, according to the special master.
  • The Vaccine Act permits an award of reasonable attorneys' fees and costs, which the special master has granted in this case.
  • The special master has cautioned against a second major litigation, noting that determination of fees "should not result in a second major litigation."

Statistics:

  • Total amount awarded: $26,292.59
  • Total amount awarded for attorneys' fees: $26,275.50
  • Total amount awarded for attorneys' costs: $17.09
  • Number of days between petition filing and award decision: 2,058 days (from April 14, 2017, to September 2, 2025)

Sources:

  • U.S. Court of Federal Claims, No. 17-531V, Filed: August 6, 2025
  • Vaccine Rule 13(a)(3), referenced in the special master's decision
  • The Vaccine Act, 42 U.S.C. § 300aa-15(e)
  • E-Government Act of 2002, 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services)