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

Strategic Insights -

Mark Counts, a petitioner in a vaccine injury compensation case, was awarded $19,777.10 in attorney's fees and costs on April 30, 2024, after receiving a Tdap vaccination in July 2023. The petition was filed under the National Vaccine Injury Compensation Program, and a stipulation was reached between the parties, leading to a decision awarding compensation to Counts on February 28, 2025. Petitioner's counsel requested an award of $20,402.10, but after reviewing the billing records, the Chief Special Master Corcoran reduced the amount to $19,777.10, as some tasks were billed at an attorney's rate instead of a paralegal's.

Key Takeaways:

  • Mark Counts, a petitioner in a vaccine injury compensation case, was awarded $19,777.10 in attorney's fees and costs, which includes $18,661.00 in fees and $1,116.10 in costs.
  • The award is a result of a stipulation reached between the parties on February 28, 2025, after Petitioner received a Tdap vaccination in July 2023.
  • Petitioner's counsel Daniel Alholm requested an award of $20,402.10, but Chief Special Master Corcoran reduced the amount to $19,777.10 after reviewing the billing records.
  • The billing records revealed some tasks were billed at an attorney's rate instead of a paralegal's rate, resulting in a reduction of $625.00.
  • The Vaccine Act permits an award of reasonable attorney's fees and costs for successful claimants, and the Chief Special Master Corcoran granted the motion in part, awarding the reduced amount to Petitioner's counsel.
  • The award will be made through an ACH deposit to Petitioner's counsel's IOLTA account for prompt disbursement.
  • The vaccine injury compensation case #24-0688V involved a Tdap vaccination, and the petitioner received compensation under the National Vaccine Injury Compensation Program.

Statistics:

  • $19,777.10: total amount awarded in attorney's fees and costs
  • $18,661.00: amount awarded in fees
  • $1,116.10: amount awarded in costs
  • 14 days: time allowed for Petitioner to identify and move to redact medical or other information
  • 6 June 15, 2009: date of the Riggins v. Sec'y of Health & Hum. Servs. decision, which states that tasks that can be completed by a paralegal or a legal assistant should not be billed at an attorney's rate
  • 2-25: timeframe for which paralegal work was performed by Mr. Alholm at an hourly rate of $165.00
  • 2024: year for which paralegal work was performed by Ms. Grace Cottingham at an hourly rate of $170.00

Sources:

  • United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0688V
  • National Vaccine Injury Compensation Program
  • Vaccine Act, 42 U.S.C. § 300aa-10, et seq.
  • ECF No. 29: Application for Fees and Costs
  • ECF No. 32: Respondent's Response to Motion
  • ECF No. 33: Petitioner's Notice of Non-objection
  • Riggins v. Sec'y of Health & Hum. Servs., No. 99-382V, 2009 WL 3319818, at *21 (Fed. Cl. Spec. Mstr. June 15, 2009)
  • Doe/11 v. Sec'y of Health & Hum. Servs., No. XX-XXXXV, 2010 WL 529425, at *9 (Fed. Cl. Spec. Mstr. Jan. 29, 2010)