The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-912V
KAYLA BROWN,
Chief Special Master Corcoran
Petitioner,
v. Filed: February 5, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessica Anne Olins, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON ATTORNEY’S FEES AND COSTS 1
On February 11, 2021, Kayla 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”). On September 29, 2020, Petitioner received an influenza (“flu”) vaccine,
which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
Petitioner alleges that she sustained a shoulder injury related to vaccine administration
(“SIRVA”) as set forth in the Table. On June 11, 2024, I issued a decision awarding
compensation to Petitioner based on the parties’ stipulation. ECF No. 62.
1Because 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
information, 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 from 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 references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).
Petitioner has now filed a motion for attorney’s fees and costs, requesting an award
of $41,363.46 (representing $40,362.70 in fees plus $1,000.76 in costs). Application for
Attorneys’ Fees and Costs (“Motion”) filed August 15, 2024, ECF No. 67. Furthermore,
Petitioner filed a signed statement representing that Petitioner incurred $8.00 in personal
out-of-pocket expenses. ECF No. 67-3.
Respondent reacted to the motion on August 21, 2024, indicating that he is
satisfied the statutory requirements for an award of attorneys’ fees and costs are met in
this case but deferring resolution of the amount to be awarded to my discretion. Motion
at 2-4, ECF No. 68. Petitioner filed her reply on August 21, 2024, requesting fees and
costs be awarded without reduction. ECF No. 69.
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. 67-2. Respondent offered no specific objection to the rates or
amounts sought. I find the requested costs reasonable and hereby award them in full.
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. Petitioner is awarded attorneys’ fees and costs in the total
amount of $41,371.46 (representing $41,363.46 in attorney’s fees and costs, plus
$8.00 for Petitioner’s personal out-of-pocket expenses) to be paid through an ACH
deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. 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 filing a joint notice
renouncing their right to seek review.
2