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

Strategic Insights -

Christie Schwager, a claimant under the National Vaccine Injury Compensation Program, has been awarded attorney's fees and costs totaling $44,041.80 by the United States Court of Federal Claims. The payment, which includes $43,022.50 in fees and $1,019.30 in costs, will be made through an ACH deposit to Petitioner's counsel's IOLTA account. This decision was made by Chief Special Master Brian H. Corcoran, who reviewed the billing records and found them to be reasonable. The Vaccine Act permits an award of reasonable attorney's fees and costs for successful claimants, and this award is in accordance with that provision.

Key Takeaways:

  • Petitioner Christie Schwager filed a petition for compensation under the National Vaccine Injury Compensation Program on April 12, 2023, alleging a shoulder injury related to vaccine administration following an influenza vaccination on October 4, 2020.
  • On June 27, 2025, Chief Special Master Brian H. Corcoran issued a decision awarding compensation to Petitioner based on a stipulation between the parties.
  • Petitioner filed a motion for attorney's fees and costs on July 2, 2025, requesting $44,041.80.
  • Respondent expressed satisfaction with the statutory requirements for an award of attorneys' fees and costs but deferred resolution of the amount to the Special Master's discretion.
  • Chief Special Master Corcoran reviewed the billing records and found them to be reasonable, awarding the full amount requested.
  • The Vaccine Act permits an award of reasonable attorney's fees and costs for successful claimants.
  • The payment will be made through an ACH deposit to Petitioner's counsel's IOLTA account.

Statistics:

  • $43,022.50 in attorney's fees awarded to Petitioner from the total award of $44,041.80.
  • $1,019.30 in costs awarded to Petitioner from the total award of $44,041.80.
  • 14 days given to Petitioner to identify and move to redact medical or other information from the public access of the decision.
  • 42 U.S.C. § 300aa (2018) referenced as the section of the Vaccine Act governing the award of attorney's fees and costs.

Sources:

  • United States Court of Federal Claims, Case 1:23-vv-00504-UNJ Document 52 Filed 10/14/25 Page 1 of 2
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755
  • Vaccine Rule 18(b)
  • Vaccine Act, 42 U.S.C. § 300aa (2018)