The United States Court of Federal Claims has awarded $56,141.31 in attorney fees and costs to Sally A. Cevasco. This decision comes after her claim for compensation under the National Vaccine Injury Compensation Program was denied. The ruling is significant as it underscores the court's recognition of the right to recover legal fees even when compensation claims are unsuccessful.
Cevasco filed her original petition on April 18, 2023, alleging that an influenza vaccine she received on January 11, 2021, caused damage to her ulnar nerve. Although her claim for compensation was ultimately denied, the court found merit in her request for legal fees.
Background
Sally A. Cevasco is the petitioner in this case, while the Secretary of Health and Human Services is the respondent. Cevasco's dispute arose from her claim that a vaccine caused her injury, which she sought to address through the National Vaccine Injury Compensation Program. This program is designed to provide compensation to individuals who suffer injuries due to vaccines.
Cevasco's initial petition was filed in April 2023, and she later amended it in May 2025. The court ruled against her claim for compensation on May 27, 2025. Following this decision, Cevasco filed a motion for attorney fees and costs in September 2025, seeking a total of $56,141.31, which included both attorney fees and costs incurred during the litigation process.
The Ruling
The court, presided over by Special Master Christian J. Moran, ultimately decided to award Cevasco the full amount she requested. The court ruled, "Although compensation was denied, petitioners who bring their petitions in good faith and who have a reasonable basis for their petitions may be awarded attorneys’ fees and costs." This statement highlights the court's acknowledgment of the importance of good faith in pursuing claims under the Vaccine Act.
In determining the award amount, the court utilized the lodestar approach, which calculates reasonable attorney fees based on the number of hours worked multiplied by a reasonable hourly rate. The court found that Cevasco's request for attorney fees and costs was reasonable and justified, even though her underlying claim was unsuccessful.
Impact
This ruling has implications for future vaccine injury claims. It establishes that even if a petition for compensation is denied, claimants can still recover attorney fees and costs if they acted in good faith and had a reasonable basis for their claims. This can encourage individuals to pursue legitimate claims without the fear of incurring significant legal costs.
The decision also reinforces the importance of the National Vaccine Injury Compensation Program, which aims to provide a fair process for individuals seeking compensation for vaccine-related injuries. By awarding attorney fees, the court ensures that individuals are not discouraged from seeking justice due to financial burdens.
What's Next
Details were not available in the court filing regarding whether Cevasco plans to appeal the denial of her compensation claim. Additionally, there are no related cases pending that could impact this ruling.