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Vaccines

Vaccine Act Attorney's Fees and Costs Awarded to Petitioner Marie Moray

Strategic Insights

— 2 min read

Petitioner Marie Moray, having filed a petition under the National Vaccine Injury Compensation Program (NVICP) for compensation related to a shoulder injury caused by a pneumococcal conjugate vaccine, was recently awarded compensation by the Court of Federal Claims. Following this decision, Moray's counsel submitted a motion for attorney's fees and costs, seeking reimbursement for $24,073.31 in fees and expenses. After reviewing the billing records and considering the circumstances of the case, Chief Special Master Corcoran awarded Moray's counsel a total of $23,917.21 in fees and costs.

Key Takeaways:

  • Chief Special Master Corcoran issued a decision on attorney's fees and costs, awarding $23,917.21 to Petitioner Marie Moray's counsel.
  • The Vaccine Act permits an award of reasonable attorney's fees and costs for successful claimants, with counsel required to submit fee requests with contemporaneous and specific billing records.
  • The special master may reduce fees suasponte, apart from objections raised by the respondent, and without providing the petitioner notice and opportunity to respond.
  • The petitioner bears the burden of establishing the hours expended, rates charged, and expenses incurred, and should present adequate proof at the time of submission.
  • Chief Special Master Corcoran reduced the amount of fees to be awarded by $156.10, as certain tasks were more properly billed using a paralegal rate.
  • Petitioner has otherwise provided supporting documentation for all claimed costs, and Respondent offered no specific objection to the rates or amounts sought.
  • Moray's counsel was awarded attorneys' fees and costs in the total amount of $23,917.21, representing $22,950.80 in fees plus $966.41 in costs.

Statistics:

  • $23,917.21: The total amount awarded to Petitioner's counsel, including $22,950.80 in fees and $966.41 in costs.
  • $24,073.31: The total amount requested by Petitioner's counsel in fees and costs.
  • $156.10: The amount reduced from the fees to be awarded, as certain tasks were more properly billed using a paralegal rate.
  • $966.41: The total amount awarded for costs.
  • $23,106.90: The total amount awarded for fees, before reduction.
  • 2025: The year in which the petition was filed and the decision was issued.
  • July 17, 2023: The date on which the pneumococcal conjugate vaccine was administered to Petitioner.
  • April 14, 2025: The date on which the decision awarding compensation to Petitioner was issued.
  • April 25, 2025: The date on which the motion for attorney's fees and costs was filed.
  • May 7, 2025: The date on which the respondent reacted to the motion.

Sources:

  • "Application for Attorneys' Fees and Costs" (ECF No. 27)
  • "Decision Awarding Compensation to Petitioner" (ECF No. 23)
  • "Rules of the Court" (Appendix B)
  • "National Childhood Vaccine Injury Act of 1986" (Pub. L. No. 99-660, 100 Stat. 3755)
  • "Section 15(e)" of the Vaccine Act (42 U.S.C. § 300aa-15(e))
  • "Sabella v. Sec'y of Health & Human Servs." (86 Fed. Cl. 201, 209 (2009))
  • "Broekelschen v. Sec'y of Health & Human Servs." (102 Fed. Cl. 719, 729 (2011))

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