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