Opinion

Tailor v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Feb 9, 2026
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Unpublished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. 22-1820V

SHEELA TAILOR,

Chief Special Master Corcoran

Petitioner, Filed: January 9, 2026

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Kelly Elizabeth Elder, Martin & Jones, PLLC, Raleigh, NC, for Petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for

Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1

On December 13, 2022, Sheela Tailor 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 a Tdap vaccine she received on January 15, 2021. Petition, ECF

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).

No. 1. On May 6, 2025, I issued a decision awarding compensation to Petitioner based

on the parties’ stipulation. ECF No. 43.

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

of $20,056.25 (representing $19,060.25 in fees plus $996.00 in costs). Application for

Attorneys’ Fees and Costs (“Motion”) filed October 3, 2025, ECF No. 48. Furthermore,

Petitioner filed a signed statement representing that no personal out-of-pocket expenses

were incurred. ECF No. 48-5 at 1.

Respondent reacted to the motion on October 9, 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. 49. On October 14, 2025,

Petitioner filed a reply requesting that the amount of fees and costs listed in Petitioner’s

motion be awarded. ECF No. 50.

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 awarded herein.

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

entitlement. See Petitioner’s Motion for a Ruling on Record and Response to

Respondent’s Motion to Dismiss, filed Feb. 27, 2025, ECF No. 25; Petitioner’s counsel

expended approximately 13.60 hours drafting the entitlement brief. ECF No. 48-3 at 5. 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. 48-4 at 1-39. 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 $20,056.25 (representing $19,060.25 in fees plus $996.00 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

2

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

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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