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Vaccine Act Attorney's Fees and Costs Awarded to Petitioner

Strategic Insights

— 2 min read

Petitioner Aklilu Keflezighi filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration as a result of a tetanus-diphtheria-acellular pertussis vaccine administered on October 29, 2021. After a decision was issued awarding compensation to Petitioner based on the Respondent's proffer, Petitioner sought attorney's fees and costs, requesting an award of $48,359.09. Following an analysis of the billing records and attorney's fees schedule, the Chief Special Master Corcoran reduced the amount to be awarded, citing the need for a reduction in the hourly rate and the inclusion of paralegal tasks billed at an attorney's rate.

Key Takeaways:

  • The Vaccine Act permits an award of reasonable attorney's fees and costs for successful claimants.
  • The Chief Special Master applied the hourly rate of $430.00 for work performed by attorney Stephen Waldman in the 2022-25 timeframe, reduced from the requested $500.00.
  • Mr. Waldman's proposed rate fell within the appropriate Fee Schedule ranges, but he sought a rate on the higher end, which was unwarranted due to his lack of significant experience handling Program matters.
  • A total of $40,103.34 was awarded to Petitioner's counsel, including $38,419.25 in fees and $684.09 in costs.
  • The Chief Special Master reduced the fees to be awarded by $6,674.50 and an additional $1,581.25 due to the inclusion of paralegal tasks billed at an attorney's rate.
  • Petitioner's counsel was admonished to not bill tasks that can be completed by a paralegal or legal assistant at an attorney's rate.
  • The fees were reduced, and the award was disproportionately lower than the requested amount due to the Chief Special Master's analysis.

Statistics:

  • Total amount awarded to Petitioner's counsel: $40,103.34
  • Total amount reduced from the original request: $9,255.75 ($6,674.50 + $2,581.25)
  • Number of hours billed by attorney Waldman: 95.35
  • Number of hours billed at an attorney's rate for paralegal tasks: 6.25
  • Total paralegal tasks billed at an attorney's rate: 14
  • Total reduction for paralegal tasks: $1,581.25

Sources:

  • Case 1:23-vv-00233-UNJ Document 42 Filed 08/28/25 Page 1 of 5
  • E-Government Act of 2002, 44 U.S.C. § 3501 note (2018)
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755
  • Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (2008)
  • Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993)
  • Riggins v. Sec'y of Health & Human. Servs., No. 99-382V, 2009 WL 3319818 (Fed. Cl. Spec. Mstr. June 15, 2009)
  • Turpin v. Sec'y of Health & Human. Servs., No. 99-535, 2008 WL 5747914 (Fed. Cl. Spec. Mstr. Dec. 23, 2008)
  • Doe/11 v. Sec'y of Health & Hum. Servs., No. XX-XXXXV, 2010 WL 529425 (Fed. Cl. Spec. Mstr. Jan. 29, 2010)

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