The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-111V
JOHN MURPHY,
Chief Special Master Corcoran
Petitioner,
v. Filed: April 10, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON ATTORNEY’S FEES AND COSTS 1
On January 6, 2021, John Murphy filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the
“Vaccine Act”). Petitioner alleged that he suffered a Shoulder Injury Related to Vaccine
Administration as a result of an influenza vaccine administered to him on November 27,
2019. Petition, ECF No. 1. On September 12, 2023, I issued a decision awarding
compensation to Petitioner based on the Respondent’s proffer. ECF No. 40.
1
Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of
2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Decision will be available to anyone with access to the internet. In
accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other
inf ormation, the disclosure of which would constitute an unwarranted invasion of privacy. If , upon review, I
agree that the identified material fits within this definition, I will redact such material f rom public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).
Petitioner has now filed a motion for attorney’s fees and costs, requesting an award
of $16,429.29 (representing $15,769.80 in fees plus $659.49 in costs). Petitioner’s
Application for Fees and Costs (“Motion”) filed Feb. 16, 2024, ECF No. 46. Furthermore,
counsel for Petitioner represents that Petitioner incurred no personal out-of-pocket
expenses. Id. at 2.
Respondent reacted to the motion on Feb. 21, 2024, reporting that he is satisfied
that the statutory requirements for an award of attorney’s fees and costs are met in this
case, but deferring resolution of the amount to be awarded to my discretion. Respondent’s
Response to Motion at 2-3, ECF No. 47. Petitioner did not file a reply thereafter.
The rates requested for work performed through the end of 2023 are reasonable
and consistent with our prior determinations and will therefore be adopted herein.
Petitioner has also requested the hourly rate of $375 for 2024 work performed by attorney
Bridget McCullough, representing a rate increase of $25; and the hourly rate of $165 for
paralegal work performed in 2024 by Katy Yoos; Motion at 7. I find these hourly rates to
be reasonable and will award the attorney’s fees requested. And all time billed to the
matter was also reasonably incurred. Furthermore, Petitioner has provided supporting
documentation for all claimed costs. Motion at 10-20. Respondent offered no specific
objection to the rates or amounts sought.
The Vaccine Act permits an award of reasonable attorney’s fees and costs for
successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for
attorney’s fees and costs. I award a total of $16,429.29 (representing $15,769.80 in fees
plus $659.49 in costs) as a lump sum in the form of a check jointly payable to
Petitioner and Petitioner’s counsel, Bridget C. McCullough. In the absence of a
timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of
Court shall enter judgment in accordance with this Decision. 3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3
Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice
renouncing their right to seek review.
2