Vaccine Injury Compensation Program: Attorney's Fees and Costs Awarded

Strategic Insights -

The United States Court of Federal Claims has issued an opinion in the matter of Kristena Rivera, parent and natural guardian of L.R., a minor, seeking compensation under the National Vaccine Injury Compensation Program. After a thorough review, Chief Special Master Corcoran granted the motion for attorney's fees and costs, awarding a total of $18,668.49 to be paid through an ACH deposit to the petitioner's counsel's IOLTA account.

Key Takeaways:

  • The case, No. 23-1644V, involved a petition for compensation under the National Vaccine Injury Compensation Program filed by Kristena Rivera on behalf of her minor child, L.R.
  • L.R. allegedly suffered from intussusception following a rotavirus vaccination received on December 1, 2022.
  • On October 10, 2024, Chief Special Master Corcoran issued a ruling on entitlement finding the petitioner entitled to compensation.
  • The petitioner's counsel, Muller Brazil, LLP, requested an award of $18,668.49, representing $18,116.10 in fees plus $552.39 in costs, which was granted by the court.
  • The requested rates for work performed through 2025 were found to be reasonable and consistent with prior determinations.
  • The Vaccine Act permits an award of reasonable attorney's fees and costs for successful claimants, and the court deemed the costs provided by the petitioner to be reasonable and hereby awarded them in full.

Statistics:

  • Total award of attorney's fees and costs: $18,668.49
  • Fees: $18,116.10
  • Costs: $552.39
  • Number of days for which attorney's fees and costs were awarded: Not specified
  • Total hours billed by the petitioner's counsel: Not specified

Sources:

  • U.S.C. § 300aa-10, et seq. (National Childhood Vaccine Injury Act of 1986)
  • Pub. L. No. 99-660, 100 Stat. 3755
  • Vaccine Rule 18(b) and Rule 11(a) of the United States Court of Federal Claims' Rules
  • Case 1:23-vv-01644-UNJ Document 38 Filed 09/12/25 Page 1 of 2 and Case 1:23-vv-01644-UNJ Document 38 Filed 09/12/25 Page 2 of 2
  • E-Government Act of 2002, 44 U.S.C. § 3501 note