Background
Francis McKenna filed a petition for compensation under the National Vaccine Injury Compensation Program after receiving an influenza vaccine in November 2022. McKenna alleged Guillain-Barré syndrome and a shoulder injury associated with the vaccination, with residual effects lasting more than six months.
After the Chief Special Master awarded compensation in May 2026 based on the parties’ stipulation, McKenna sought $45,560.03 in attorney’s fees and costs. The request consisted of $43,070.50 in fees and $2,489.53 in costs. The Secretary agreed that the statutory requirements for an award were satisfied and left the amount to the Chief Special Master’s discretion.
The Court’s Holding
Chief Special Master Brian H. Corcoran granted the motion in full. After reviewing counsel’s billing records, he found no reason to reduce the requested hours or hourly rates and concluded that the supporting documentation substantiated the claimed costs.
The decision awarded $45,560.03, to be paid by ACH deposit into petitioner’s counsel’s IOLTA account for prompt disbursement. Unless a timely motion for review is filed, the clerk must enter judgment in accordance with the decision.
Key Takeaways
- The Vaccine Act permits successful claimants to recover reasonable attorney’s fees and costs.
- The Chief Special Master found the requested hours, rates, and documented costs reasonable.
- McKenna received the entire requested award of $43,070.50 in fees and $2,489.53 in costs.
Why It Matters
The decision illustrates the fee-award process after a Vaccine Program claimant obtains compensation through a stipulated resolution. A fully documented request may be awarded without reduction when the special master finds the billing reasonable and the government raises no specific objection.