The United States Court of Federal Claims has awarded Loretta Jackson a total of $70,748.78 in attorney fees and costs. This decision comes after Jackson filed a claim under the National Vaccine Injury Compensation Program, alleging that a vaccine caused her injury. The ruling impacts Jackson and her legal representation, setting a precedent for how attorney fees are handled in similar vaccine injury cases.
Jackson's case stems from her claim that the measles, mumps, and rubella (MMR) vaccine she received on September 4, 2023, caused her to suffer from a shoulder injury related to vaccine administration, known as SIRVA. She filed her petition on April 29, 2024. The case was processed through the Office of Special Masters, which oversees claims related to vaccine injuries.
The dispute reached the court after Jackson's legal team submitted a motion for final attorneys’ fees and costs on February 3, 2026. The total amount requested was $72,826.78, which included fees from two different law firms that represented her during the case. The Department of Justice, representing the Secretary of Health and Human Services, responded to the request, stating that they did not object to the amount but recommended the court exercise discretion in determining a reasonable award.
On July 16, 2026, Special Master Christian J. Moran issued the ruling. The court determined that Jackson was entitled to an award of reasonable attorneys’ fees and costs under the Vaccine Act. The court noted, "Because petitioner received compensation, she is entitled to an award of reasonable attorneys’ fees and costs." After reviewing the requested amounts, the court ultimately awarded $47,759.85 to Jackson’s current counsel, Siri & Glimstad, LLP, and $22,988.93 to her former counsel, Downing, Allison & Jorgenson.
In the ruling, the court explained that the Vaccine Act allows for the reimbursement of reasonable attorney fees and costs. The court used the lodestar approach to determine the fees, which involves multiplying the number of hours reasonably expended on the litigation by a reasonable hourly rate. The court found that the requested rates were consistent with previous awards for similar work in the Vaccine Program.
The court also reviewed the number of hours billed by Jackson's former counsel and found that some charges were for clerical tasks, which are not reimbursable under the Vaccine Program. The court stated, "To qualify as a paralegal, a person needs special training and experience," and determined that certain billed hours did not meet this standard. As a result, the court reduced the fees requested by Downing, Allison & Jorgenson by $2,078.00.
This ruling is significant as it clarifies the process for determining attorney fees in vaccine injury cases. It reinforces the principle that while claimants can receive compensation for their legal expenses, the expenses must be reasonable and necessary for the prosecution of their claims. The decision also highlights the importance of distinguishing between billable paralegal work and non-billable clerical tasks.
The impact of this ruling extends beyond Jackson's case. It sets a standard for how similar cases will be handled in the future, potentially affecting many individuals seeking compensation for vaccine-related injuries. Attorneys representing clients in these cases will need to ensure that their billing practices align with the court's expectations to avoid reductions in their fee requests.
Looking ahead, Jackson's case is concluded with the court's decision, and there are no indications of an appeal. The court has directed that the awarded amounts be paid promptly to the respective law firms. Additionally, there is no related case pending that would alter the outcome of this decision.