Shirley Worth Bodie v. HHS - Tdap, severe lymphedema and subsequent sequela (2025)

Shirley Worth Bodie filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she developed severe lymphedema and subsequent sequela as a result of the tetanus, diphtheria, and acellular pertussis (Tdap) vaccine she received on September 6, 2016. An entitlement hearing was held, and the petitioner subsequently filed a motion for interim attorneys' fees and costs.

The petitioner requested a total of $218,761.77. Respondent noted that the amount of time billed by counsel seemed extraordinary and that counsel billed full hourly rates for travel time.

The Special Master found that interim fees were warranted due to the case's protracted nature (nearly six years) and the costs associated with litigation, including expert testimony. The Special Master awarded $159,502.80 in attorneys' fees, reducing the requested amount due to travel time billed at full rate.

The Special Master awarded $51,293.97 in costs, reducing the requested amount for one expert's hourly rate from $900 to $500. In total, Shirley Worth Bodie was awarded $210,796.77 in interim attorneys' fees and costs.