Opinion

Granet v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Feb 23, 2026
Status
Unpublished
On the bench
Brian H. Corcoran
Cited by
0 cases
Authority
More cited than 38.9%

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 23-0491V

PAUL GRANET,

Chief Special Master Corcoran

Petitioner,

v. Filed: January 23, 2026

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

David John Carney, Green & Schafle LLC, Philadelphia, PA, Washington, DC, for

Petitioner.

Rochell IIana Gillenson, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1

On April 11, 2023, Paul Granet 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 a shoulder injury related to vaccine

administration (“SIRVA”) following an influenza vaccine he received on September 16,

2021. Petition at 1. On June 4, 2024, I issued a ruling on entitlement finding Petitioner

entitled to compensation. ECF No. 23. On June 27, 2025, I issued a decision awarding

damages to Petitioner following briefing and expedited Motions Day arguments by the

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).

parties. ECF No. 36.

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

of $50,348.48 (representing $48,962.00 for fees and $ 1,386.48 for costs). Petitioner’s

Application for Fees and Costs filed July 22, 2025, ECF No. 42. Furthermore, Petitioner

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

incurred. ECF No. 42 at 56.

Respondent reacted to the motion on August 1, 2025, representing 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, 3 n.2, ECF No. 43. Petitioner filed no reply

thereafter.

Having considered the motion along with the invoices and other proof filed in

connection, I find a reduction in the amount of fees to be awarded appropriate, for the

reason set forth below.

ANALYSIS

The Vaccine Act permits an award of reasonable attorney’s fees and costs. Section

15(e). Counsel must submit fee requests that include contemporaneous and specific

billing records indicating the service performed, the number of hours expended on the

service, and the name of the person performing the service. See Savin v. Sec’y of Health

& Hum. Servs., 85 Fed. Cl. 313, 316-18 (2008). Counsel should not include in their fee

requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton v.

Sec’y of Health & Hum. Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993) (quoting Hensley v.

Eckerhart, 461 U.S. 424, 434 (1983)). It is “well within the special master’s discretion to

reduce the hours to a number that, in [her] experience and judgment, [is] reasonable for

the work done.” Id. at 1522. Furthermore, the special master may reduce a fee request

sua sponte, apart from objections raised by respondent and without providing a petitioner

notice and opportunity to respond. See Sabella v. Sec’y of Health & Hum. Servs., 86 Fed.

Cl. 201, 209 (2009). A special master need not engage in a line-by-line analysis of

petitioner’s fee application when reducing fees. Broekelschen v. Sec’y of Health & Hum.

Servs., 102 Fed. Cl. 719, 729 (2011).

The petitioner “bears the burden of establishing the hours expended, the rates

charged, and the expenses incurred.” Wasson v. Sec’y of Health & Hum. Servs., 24 Cl.

Ct. 482, 484 (1991). The Petitioner “should present adequate proof [of the attorney’s fees

2

and costs sought] at the time of the submission.” Wasson, 24 Cl. Ct. at 484 n.1.

Petitioner’s counsel “should make a good faith effort to exclude from a fee request hours

that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private

practice ethically is obligated to exclude such hours from his fee submission.” Hensley,

461 U.S. at 434.

ATTORNEY FEES

The rates requested for work performed through 2025 are reasonable and

consistent with our prior determinations and will therefore be awarded herein.

Regarding the number of hours billed, I deem the total amount of time devoted to

briefing on damages to be excessive – although not as egregiously so. See Petitioner’s

Brief in Support of Damages, filed October 7, 2024, ECF No. 28; Petitioner’s Reply to

Respondent’s Response to Brief in Support of Damages, filed Feb. 21, 2025, ECF No.

32. Petitioner’s counsel expended approximately 17.2 hours drafting the damages

briefing and 13.5 hours drafting the reply, totaling 30.7 3 hours. ECF No. 42 at 22-24.

My above calculation does not include time spent preparing the initial demand

which would have informed this later work, and I am therefore awarding fees associated

with that task in full. ECF No. 42 at 20. Nor am I counting time spent communicating with

Petitioner and preparing additional supporting documentation such as affidavits or signed

declarations, which is also being awarded in full. See, e.g., id. at 16 (entries dated

3/20/2023, 3/22/2023, 3/23/2023, 3/29/2023, 3/31/2023).

It is unreasonable for counsel to spend so much time briefing the matter of

damages in this case, where the issues presented are not complex. I have identified

numerous cases (which may reasonably be compared to time spent in this matter), 4 in

which attorneys have accomplished this task more efficiently. 5

3 This total is calculated as follows: 17.2 hours billed on 9/28/2024, 9/29/2024 (three entries), 9/30/2024

(two entries), 10/3/2024, 10/6/2024, 10/7/2024, by attorneys David Carney and Adam Green at a rate of

$450.00, and 13.5 hours billed on 2/15/2025 (two entries), 2/19/2025 (two entries), 2/20/2025, 2/21/2025,

by attorney David Carney at a rate of $475.00.

4 Special masters may use comparisons to attorneys performing similar tasks to determine if hours are

excessive. See Saxton v. Sec’y of Health & Hum. Servs., 3 F.3d 1517, 1518-1521 (Fed. Cir. 1993).

5 See, e.g, Wilcox v. Sec’y of Health & Hum. Servs., No. 21-1421V (Nov. 24, 2025) (12.0 and 7.0 hours

billed for drafting a damages brief and responsive damages brief, respectively); McClelland v. Sec’y of

Health & Hum. Servs., No. 24-0605V (June 24, 2025) (9.7 and 5.9 hours billed for drafting a damages brief

and responsive damages brief, respectively); Goatee v. Sec’y of Health & Hum. Servs., No. 22-0827V (June

18, 2025) (7.6 and 3.1 hours billed for drafting a damages brief and responsive damages brief, respectively);

3

Of course, having prevailed in this case, a fees award is generally appropriate.

Granet v. Sec’y of Health & Hum. Servs., No. 23-0491V, 2025 WL 2399597 (Fed. Cl.

Spec. Mstr. June 27, 2025) (also found at ECF No. 36). However, the only disputed issue

was related to past pain and suffering. Still, I awarded an amount ($80,000.00), only

$5,000.00 less than that advocated by Petitioner - further underscoring the need for

briefing. And the quality of the briefing was good. But the Act permits only an award of a

reasonable amount of attorney’s fees. Accordingly, I will reduce the sum to be awarded

for damages briefing (a total of 30.7 hours, or $14,152.50) by ten percent. 6 Such an

Blanco v. Sec’y of Health & Hum. Servs., No. 22-0559V (June 16, 2025) (8.5 and 4.6 hours billed for drafting

a damages brief and responsive damages brief, respectively); Cohen v. Sec’y of Health & Hum. Servs., No.

23-1060V (June 11, 2025) (4.2 and 8.0 hours billed for drafting a damages brief and responsive damages

brief, respectively); Wirges v. Sec’y of Health & Hum. Servs., No. 19-1670V (Dec. 27, 2024) (16.8 and 7.5

hours billed for drafting a damages brief and responsive damages brief, respectively); Stolze v. Sec’y of

Health & Hum. Servs., No. 21-0964V (Nov. 22, 2024) (11.8 and 7.2 hours billed for drafting a damages

brief and responsive damages brief, respectively); Davidson v. Sec’y of Health & Hum. Servs., No. 20-

1617V (Nov. 22, 2024) (14.9 and 3.8 hours billed for drafting a damages brief and responsive damages

brief, respectively); Hansler-Point v. Sec’y of Health & Hum. Servs., No. 21-0045V (Mar. 26, 2024) (9.6 and

4.9 hours billed for drafting a damages brief and responsive damages brief, respectively); Dulaney v. Sec’y

of Health & Hum. Servs., No. 20-1488V (Mar. 26, 2024) (6.6 and 0.5 hours billed for drafting a damages

brief and responsive damages brief, respectively); Stokes v. Sec’y of Health & Hum. Servs., No. 19-0752V

(Feb. 29, 2024) (15.3 and 8.1 hours billed for drafting a damages brief and responsive damages brief,

respectively); Richardson v. Sec’y of Health & Hum. Servs., No. 20-0674V (Feb. 9, 2024) (9.2 and 6.3 hours

billed for drafting a damages brief and responsive damages brief, respectively); Edwards v. Sec’y of Health

& Hum. Servs., No. 21-0056V (Feb. 5, 2024) (11.3 and 7.2 hours billed for drafting a damages brief and

responsive damages brief, respectively); Villa v. Sec’y of Health & Hum. Servs., No. 20-0569V (Feb. 5,

2024) (6.0 and 5.6 hours billed for drafting a damages brief and responsive damages brief, respectively);

Gao v. Sec’y of Health & Hum. Servs., No. 21- 1884V (Oct. 25, 2023) (16.5 and 9.4 hours billed for drafting

a damages brief and responsive damages brief, respectively); Knasel v. Sec’y of Health & Hum. Servs.,

No. 20-1366V (Oct. 25, 2023) (11.5 and 13.6 hours billed for drafting a damages brief and responsive

damages brief, respectively); Majerus v. Sec’y of Health & Hum. Servs., No. 20-1346V (Oct. 17, 2023) (11.0

and 4.6 hours billed for drafting a damages brief and responsive damages brief, respectively); Kestner v.

Sec’y of Health & Hum. Servs., No. 20-0025V (June 22, 2023) (6.00 and 4.10 hours billed for drafting a

damages brief and responsive damages brief, respectively); Juno v. Sec’y of Health & Hum. Servs., No.

18-0643V (June 14, 2023) (5.8 hours billed for drafting a damages brief); Edminister v. Sec’y of Health &

Hum. Servs., No. 19-0184V (May 30, 2023) (15.3 and 3.5 hours billed for drafting a damages brief and

responsive damages brief, respectively); Thomson v. Sec’y of Health & Hum. Servs., No. 22-0234V (May

18, 2023) (9.5 and 2.5 hours billed for drafting a damages brief and responsive damages brief, respectively);

Rice-Hansen v. Sec’y of Health & Hum. Servs., No. 20-1338V (May 17, 2023) (12.9 and 6.1 hours billed

for drafting a damages brief and responsive damages brief, respectively). These decisions can (or will) be

found on the United States Court of Federal Claims website, and/or at

https://www.govinfo.gov/app/collection/uscourts/national/cofc.

6 Because the amount of excessive hours was not as egregious as in other cases, I will reduce the hours

billed by a lower amount than I otherwise would apply. See, e.g., Havis v. Sec’y of Health & Hum. Servs.,

No. 21-0583V, 2025 WL 2538903 (Fed. Cl. Spec. Mstr. July 31, 2025) (applying a 30 percent reduction).

4

across-the-board reduction (which I am empowered to adopt) 7 fairly captures the

overbilling evidenced by this work, without requiring me to act as a “green eye-shade

accountant” in identifying with specificity each objectionable task relevant to this one sub-

area of work performed on the case. This results in a reduction of $1,415.25. 8

ATTORNEY COSTS

Petitioner has otherwise provided supporting documentation for all claimed costs.

ECF No. 42 at 29-55. Respondent offered no specific objection to the rates or amounts

sought. I find the requested costs reasonable and hereby award them in full.

CONCLUSION

The Vaccine Act permits an award of reasonable attorney’s fees and costs for

successful claimants. Section 15(e). Accordingly, I hereby GRANT, in part, Petitioner’s

Motion for attorney’s fees and costs. I award a total of $48,933.23 (representing

$47,546.75 for fees and $1,386.48 for 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. 9

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

7 Special masters are permitted to employ percentage reductions to hours billed, provided the reduction is

sufficiently explained. See, e.g., Abbott v. Sec’y of Health & Hum. Servs., 135 Fed. Cl. 107, 111 (2017);

Raymo v. Sec’y of Health & Hum. Servs, 129 Fed. Cl. 691, 702-704 (2016); Sabella v. Sec’y of Health &

Hum. Servs., 86 Fed. Cl. 201, 214 (2009).

8 This amount is calculated as follows: (17.2 hrs. x $450.00 + 13.5 x $475.00 x .10) = $1,415.25.

9 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice

renouncing their right to seek review.

5

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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