Background
Megan Berthiaume sought compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration after receiving an influenza vaccination on September 27, 2022.
The Chief Special Master awarded her compensation in April 2026 based on the Secretary’s proffer. Berthiaume then requested $33,263.47 in attorney fees and costs: $32,528.60 in fees and $734.87 in costs. The Secretary agreed that a fees-and-costs award was statutorily available but left the amount to the court’s discretion.
The Court’s Holding
Chief Special Master Brian H. Corcoran granted the motion in part and awarded $33,218.47: the full $32,528.60 requested in attorney fees and $689.87 in costs.
The court found the requested attorney hours and rates reasonable. But it disallowed $45 in costs because counsel listed two $45 National Record Retrieval charges while providing documentation for only one. Vaccine Program practice guidelines require invoices, receipts, billing statements, or similar support before costs may be reimbursed.
Key Takeaways
- Successful Vaccine Act petitioners may recover reasonable attorney fees and litigation costs.
- The court accepted the full fee request after finding the rates and hours reasonable.
- Unsupported expenses are not reimbursable, even where the underlying claim and fee request otherwise warrant an award.
Why It Matters
The decision underscores that Vaccine Program fee applications require documentation for each claimed cost. A modest missing invoice resulted in a corresponding reduction, while the remainder of the requested award was approved.