Vaccine Injury Compensation Program: Attorney's Fees and Costs Awarded in Favor of Petitioner

Strategic Insights -

A petition for compensation under the National Vaccine Injury Compensation Program was filed by Tiffani Weber on behalf of her minor child, C.W., alleging that the receipt of a rotavirus vaccine caused intussusception. After a decision awarding compensation to Petitioner on September 26, 2024, the case progressed to a motion for attorney's fees and costs, which was filed by Petitioner on February 12, 2025. Chief Special Master Corcoran reviewed the billing records and granted the motion, awarding Petitioner $18,318.42 in attorney's fees and costs.

Key Takeaways:

  • The National Vaccine Injury Compensation Program awarded compensation to Petitioner, Tiffani Weber, on behalf of her minor child, C.W., due to the alleged intussusception caused by a rotavirus vaccine.
  • The compensation was awarded on September 26, 2024, and subsequently, Petitioner filed a motion for attorney's fees and costs on February 12, 2025.
  • Chief Special Master Corcoran reviewed the billing records and awarded Petitioner $18,318.42 in attorney's fees and costs, with $17,659.90 in fees and $658.52 in costs.
  • The proposed hourly rate of $475.00 for 2025 work performed by attorney Paul Brazil was found to be reasonable and granted.
  • Supporting documentation for all claimed costs was provided by Petitioner, and Respondent offered no specific objection to the rates or amounts sought.
  • The vaccine injury compensation program permits an award of reasonable attorney's fees and costs for successful claimants, and Petitioner was granted such an award.

Statistics:

  • $18,318.42: the total amount awarded in attorney's fees and costs to Petitioner.
  • $17,659.90: The amount awarded in attorney's fees.
  • $658.52: The amount awarded in costs.
  • $475.00: The proposed hourly rate for 2025 work performed by attorney Paul Brazil.
  • February 12, 2025: The date on which Petitioner filed the motion for attorney's fees and costs.
  • February 26, 2025: The date on which Respondent reacted to the motion, indicating satisfaction with the statutory requirements for an award of attorneys' fees and costs.
  • $300aa-10, et seq: Section of the Vaccine Act governing the National Childhood Vaccine Injury Act of 1986.

Sources:

  • United States Court of Federal Claims, No. 23-0742V Tiffani Weber, as parent and natural guardian of C.W., a minor, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent, Chief Special Master Corcoran, Filed: May 6, 2025.
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.