Carol Carchietta v. HHS - other (2025)

Carol Carchietta filed a petition for compensation under the National Vaccine Injury Compensation Program on December 28, 2021. This decision addresses her motion for interim attorneys' fees and costs, filed on August 22, 2024.

The petitioner sought $43,396.64 for her counsel's work. The respondent deferred to the special master's determination.

The special master found that the petition was brought in good faith with a reasonable basis, and that an interim award was appropriate due to the protracted nature of the proceedings, which have been pending for nearly four years without an entitlement decision. The decision details the calculation of reasonable attorneys' fees and costs, applying reductions for duplicative billing, administrative tasks, and excessive routine billing by current counsel, Phyllis Widman.

Fees for referring counsel Leonard Weiss were awarded in full. Costs for expert Dr.

Arthur Brawer were not awarded due to a lack of billing records, but costs for Dr. Georges Ghacibeh were awarded after reducing his hourly rate.

Miscellaneous costs for medical records and filing fees were also awarded. Ultimately, the court awarded Carol Carchietta a total of $35,853.18 in interim attorneys' fees and costs.