Recently the Vaccine Injury team at Rawls Law Group was awarded interim fees in a more complex case that has been ongoing for years. This case involves a young man who experienced a rare neurological disease after his HPV vaccination, where his own immune system attacked the protective coating on his spine, leading to a temporary loss of leg and bladder control.
Being awarded interim fees means we were able to get the Vaccine Court to pay attorney fees for the work that has been done thus far, despite the case not being completed yet.
Vaccine Injury Law is a unique practice, where the Vaccine Court, a federal government body, pays fees to attorneys at a rate set by the government, and separate from the amounts given to the client. These attorney fees are paid regardless of whether the claim is successful. In contrast, in typical medical malpractice cases, Plaintiff’s attorneys only get paid if they win or settle. There is a catch though. If the Vaccine Court determines we do not have a “reasonable basis” for bringing the claim, they can deny attorney fees completely.
As opposed to the attorney fees, the client with the vaccine injury gets paid if the court determines that the vaccine caused the injury.
This case involves complex medical questions, an extremely rare neurological condition, and a time gap between vaccination and injury that is longer than would be normally expected. This means that we are at risk of having our fees denied completely. The Vaccine Court only pays attorney fees if they determine there is a “reasonable basis” for the claim. This is practical in that it prevents frivolous claims. However, it also means that bringing a claim for an injury that is rare, or unproven medically, carries great risk. Vaccine Injury attorneys must balance the desire to help clients that believe they are vaccine injured, with the risk that the Vaccine Court can deny the claim and the attorney fees completely.
We are obviously pleased to be awarded interim fees for all the hard work to get us to this point. But the fight continues! We have already been through multiple medical expert reports on both sides, an initial denial of the claim, a successful federal appeal, and now an upcoming hearing to finally present our entire case.
Comments