Background
Tyrone William Mahan filed a pro se petition under the National Vaccine Injury Compensation Program alleging that a Tdap vaccination caused a shoulder injury related to vaccine administration, or alternatively Guillain-Barré syndrome or complex regional pain syndrome. Attorney Daniel Pfeifer later entered the case but withdrew after Mahan requested to resume proceeding pro se.
Pfeifer subsequently sought $11,555 in attorneys’ fees and $11,524.89 in costs, totaling $23,079.89. The Secretary stated that the statutory requirements for an award were satisfied, and Mahan offered no further response.
The Court’s Holding
Special Master Nora Beth Dorsey granted the motion in part and awarded Mahan $22,212.87 in interim attorneys’ fees and costs. Although entitlement to vaccine compensation had not yet been determined, the special master found that the petition appeared to have been brought in good faith and on a reasonable basis and that an interim award was appropriate because counsel was no longer representing Mahan.
The special master reduced the requested fees by $867.02. That reduction reflected lower allowable paralegal rates for work performed in 2023 and 2024 and a further 5% reduction for vague or apparently duplicative billing and noncompensable clerical tasks. The requested $11,524.89 in costs for medical records and an expert report was fully documented and awarded without reduction. Payment was directed through an ACH deposit into former counsel Daniel Pfeifer’s IOLTA account for prompt disbursement.
Key Takeaways
- A Vaccine Act petitioner may receive interim attorneys’ fees and costs before entitlement is decided when the claim was brought in good faith and had a reasonable basis.
- Vague, duplicative, or clerical billing entries may justify a percentage reduction, and paralegal rates must conform to applicable forum rates.
- The formal award of $22,212.87 was made to Mahan, with payment routed through former counsel’s IOLTA account for prompt disbursement.
Why It Matters
The decision illustrates the Office of Special Masters’ willingness to award interim fees after counsel withdraws while still scrutinizing the reasonableness of the request. It also reinforces that fee applications must describe work with enough specificity to distinguish compensable legal work from duplication and administrative overhead.