Opinion

Brown v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Dec 16, 2025
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Unpublished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. 22-0622V

SHARICE BROWN,

Chief Special Master Corcoran

Petitioner, Filed: November 14, 2025

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.

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

DECISION ON ATTORNEY’S FEES AND COSTS 1

On June 6, 2022, Sharice 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 following an influenza vaccine she received on November 20, 2020.

Petition, ECF No. 1. On September 26, 2023, I issued a ruling on entitlement finding

Petitioner entitled to compensation. ECF No. 21. On April 30, 2025, I issued a decision

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 (2018).

awarding compensation to Petitioner, following briefing and expedited Motions Day

argument. ECF No. 35.

Petitioner has now filed a motion for attorney’s fees and costs, requesting an award

of $22,872.64 (representing $21,661.90 in fees plus $1,210.74 in costs). Application for

Attorneys’ Fees and Costs (“Motion”) filed September 11, 2025, ECF No. 42.

Furthermore, counsel for Petitioner represents that no personal out-of-pocket expenses

were incurred by the Petitioner. ECF No. 42 at 2.

Respondent reacted to the motion on October 6, 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. 43. Petitioner filed no reply

thereafter.

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 will therefore be adopted.

Regarding the time billed, I note this case required additional briefing regarding

damages. See Petitioner’s Damages Brief, filed March 15, 2024, ECF No. 29. Petitioner’s

counsel expended approximately 11.50 hours drafting the brief. ECF No. 42 at 11. I find

this amount of time 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. ECF No. 42 at 14-31. 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 $22,872.64 (representing $21,661.90 in fees plus $1,210.74 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 B to the

Rules of the Court), the Clerk of Court shall enter judgment in accordance with this

decision. 3

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

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3

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.

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