The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0277V
JOHN PIERMATTEO,
Chief Special Master Corcoran
Petitioner, Filed: July 23, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON ATTORNEY’S FEES AND COSTS 1
On March 10, 2022, John Piermatteo 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 Guillain Barré syndrome related to
vaccine administration following an influenza vaccine he received on December 11, 2019.
Petition, ECF No. 1. On March 28, 2025, I issued a decision awarding compensation to
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
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 (2018).
Petitioner following briefing and expedited Motions Day argument by the parties. ECF No.
46.
Petitioner has now filed a motion for attorney’s fees and costs, requesting an award
of $61,192.70 (representing $54,640.10 in fees plus $6,552.60 in costs). Application for
Attorneys’ Fees and Costs (“Motion”) filed July 10, 2025, ECF No. 53. Furthermore,
Petitioner filed a signed statement representing that no personal out-of-pocket expenses
were incurred. ECF No. 53 at 2.
Respondent reacted to the motion on July 17, 2025, 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. Respondent’s
Response to Motion at 2-3, 3 n.2, ECF No. 54. On July 18, 2025, Petitioner filed a reply
requesting that the amount of fees and costs listed in Petitioner’s motion be awarded.
ECF No. 55.
I have reviewed the billing records submitted with Petitioner’s request. The rates
requested for work performed through 2025 are reasonable and consistent with our prior
determinations and are hereby awarded herein.
Regarding the time billed, I note this case required additional separate briefing
regarding damages. See Petitioner’s Brief in Support of Damages, filed July 1, 2024, ECF
No. 37; Petitioner’s Reply to Respondent’s Response to Brief in Support of Damages,
filed Sept. 20, 2024, ECF No. 39. Petitioner’s counsel expended approximately 14.7 hours
drafting the damages brief and 11.5 hours drafting the responsive brief, for a combined
total of 26.2 hours. ECF No. 53-1 at 12-13. I find this time to have been reasonably
incurred.
Petitioner has provided supporting documentation for all claimed costs. ECF No.
53-2 at 2-22. 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 $61,192.70 (representing $54,640.10 in fees plus $6,552.60 in costs)
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
2
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.
3