Background
Vicki Lipka sought compensation under the National Vaccine Injury Compensation Program, alleging that she developed Guillain-Barré syndrome after receiving an influenza vaccination on October 14, 2023. The Chief Special Master previously awarded her compensation based on the parties’ stipulation.
Lipka then sought $51,309.30 in attorney’s fees and costs, including $490 for preparing her reply in support of the fee request. The Secretary agreed that the statutory requirements for a fee award were met but left the amount to the Chief Special Master’s discretion.
The Court’s Holding
The Chief Special Master granted Lipka’s motion and awarded $51,306.80: $49,385.50 in attorney’s fees and $1,921.30 in costs. The costs were awarded in full because they were supported by documentation and drew no specific objection.
The court reduced the award by $2.50 because counsel John Beaulieu requested a $450 hourly rate for 0.10 hours of work performed in 2026. The Chief Special Master applied the $425 2026 rate previously approved for Beaulieu in Sukhraj, finding no basis to depart from that determination.
Key Takeaways
- Successful Vaccine Act claimants may recover reasonable attorney’s fees and costs.
- Special masters may reduce fee requests sua sponte and need not conduct a line-by-line review.
- Previously established attorney rates may govern later fee applications absent a reason to depart from them.
Why It Matters
The decision illustrates the Office of Special Masters’ practice of policing fee requests even when the government does not contest them. Counsel seeking higher rates than those previously approved should provide a concrete basis for the increase.