Opinion

Brown v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Jul 6, 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Unpublished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. 20-1891V

DON BROWN,

Chief Special Master Corcoran

Petitioner,

v. Filed: May 27, 2026

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for

Petitioner.

Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1

On December 17, 2020, Don 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 alleges that he suffered a shoulder injury related to vaccine

administration (“SIRVA”) as a result of an influenza (“flu”) vaccine he received on

November 13, 2019. Petition at 1. On January 22, 2026, I issued a decision finding

Petitioner is entitled to compensation in the amount of $55,000.00. ECF No. 46.

Petitioner has now filed a motion for attorney’s fees and costs requesting a total

award of $43,187.36 (representing $42,212.80 in fees plus $974.56 in costs). Motion for

Attorneys’ Fees and Costs (“Motion”) filed February 23, 2026, ECF No. 50. Furthermore,

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.

Petitioner filed a signed statement representing that Petitioner incurred no personal out-

of-pocket expenses. Id. at 2.

Respondent reacted to the motion on March 16, 2026, indicating that he is satisfied

that 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. Response at

2-4, ECF No. 52. On March 19, 2023, Petitioner filed a reply requesting an award of fees

and costs as indicated in the Motion. Reply, ECF No. 53.

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. 50-2. 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 attorney’s fees and costs in the total

amount of $43,187.36 (representing $42,212.80 for attorney’s fees and $974.56 for

attorney’s 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. 2

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

2 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

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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