Opinion

Brown v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Dec 14, 2023
Status
Unpublished
On the bench
Brian H. Corcoran
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 21-386V

KAREN BROWN,

Chief Special Master Corcoran

Petitioner,

v. Filed: November 13, 2023

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Rhonda Lorenz-Pignato, Shannon Law Group, PC, Woodridge, IL, for Petitioner.

Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1

On January 8, 2021, Karen Brown 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 she suffered a shoulder injury related to vaccine

administration caused by an influenza vaccine administered on November 11, 2020.

Petition, ECF No. 1. On July 13, 2023, I issued a decision awarding compensation to

Petitioner based on the Respondent’s proffer. ECF No. 44.

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 $59,285.63 (representing $57,815.30 in fees and $1,470.33 in costs). Petitioner’s

Application for Fees and Costs (“Motion”) filed Aug. 31, 2023, ECF No. 50. In accordance

with General Order No. 9, counsel for Petitioner represents that Petitioner incurred no

out-of-pocket expenses. Id. at 2.

Respondent reacted to the motion on Sept. 13, 2023, 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. 51. Petitioner did not file a reply thereafter.

I have reviewed the billing records submitted with Petitioner’s request. In my

experience, the request appears reasonable, and I find no cause to reduce the requested

hours or rates. Furthermore, Petitioner has provided supporting documentation for all

claimed costs. ECF No. 50-4. 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 $59,285.63 (representing $57,815.30 in fees

and $1,470.33 in costs) as a lump sum in the form of a check jointly payable to

Petitioner and Petitioner’s counsel, Shannon Law Group, PC. 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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.