Marietta Schenck v. HHS - Influenza, transverse myelitis (2019)

Marietta Schenck filed a petition for compensation on June 10, 2016, alleging that the influenza vaccine she received on October 3, 2014, caused her to suffer transverse myelitis (TM) with residual effects lasting more than six months. The parties filed a stipulation for an award of compensation on August 29, 2018, which was adopted by the court on September 5, 2018.

Subsequently, on October 12, 2018, Petitioner filed an application for attorneys' fees and costs totaling $62,593.22. Respondent indicated satisfaction with the statutory requirements for an award.

The court reviewed the application using the lodestar approach, finding the requested hourly rates reasonable and the billed hours largely acceptable with minor reductions for administrative tasks. The requested costs, including mediation services and routine expenses, were also deemed reasonable and adequately documented.

The court awarded a total of $62,448.22 in attorneys' fees and costs, payable jointly to Petitioner and her counsel.