Marcus Smith v. HHS - Td/Tetanus, Interstitial Lung Disease (2024)

Marcus Smith filed a petition on August 28, 2019, alleging that he suffered from Interstitial Lung Disease (ILD) as a result of receiving the tetanus toxoid, reduced diphtheria toxoid and acellular pertussis vaccine on June 12, 2017. The parties reached a stipulation to resolve the case, and compensation was awarded on December 15, 2023.

Subsequently, Mr. Smith filed a motion for attorney's fees and costs.

The respondent agreed that the statutory requirements for a fees award were met and deferred the calculation to the court's discretion. The court granted the motion, awarding a total of $185,659.68, comprising $118,076.40 in attorney's fees and $67,583.28 in costs.

This decision specifically addresses the final award of attorney's fees and costs.