The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-2156V
SCOTT O’KEEFE,
Chief Special Master Corcoran
Petitioner,
v. Filed: June 29, 2026
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessica Anne Olins, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON ATTORNEY’S FEES AND COSTS 1
On December 20, 2023, Scott O’Keefe 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 Guillain-Barré syndrome (“GBS”)
following an influenza vaccination he received on September 22, 2021. Petition at 1. On
September 23, 2024, I issued a ruling on entitlement finding Petitioner entitled to
compensation. ECF No. 24. On January 27, 2026, I issued a decision awarding damages
to Petitioner, following briefing by the parties. ECF No. 41.
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).
Petitioner has now filed a motion for attorney’s fees and costs, requesting an award
of $43,206.35 (representing $41,263.50 in fees plus $1,942.85 in costs). Motion for
Payment of Petitioner’s Attorneys’ Fees and Reimbursement of Case Costs (“Motion”)
filed May 4, 2026, ECF No. 46. Furthermore, Petitioner filed a signed statement
representing that no personal out-of-pocket expenses were incurred. ECF No. 46-4.
Respondent reacted to the motion on May 18, 2026, representing 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.
Respondent’s Response to Motion at ECF No. 47. Also, on May 18, 2026, Petitioner filed
a reply to Respondent’s Response requesting that the amount of fees and costs in the
Motion be awarded. ECF No. 48.
The rates requested for attorney work performed through 2026 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 damages. See
Petitioner’s Memorandum in Support of Findings of Fact and Conclusions of Law
Regarding Damages, filed Dec. 23, 2024, ECF No. 30; Petitioner’s Reply to Respondents’
Response to Memorandum in Support of Findings of Fact and Conclusions of Law
Regarding Damages, filed March 5, 2025, ECF No. 35. Petitioners’ counsel expended
approximately 15.7 hours drafting the damages brief and 4.1 hours drafting the
responsive brief for a combined total of 19.8 hours. ECF No. 46-2 at 16-17. I find this
amount of time to be reasonable and will award the attorney’s fees requested.
Petitioner has otherwise provided supporting documentation for all claimed costs.
ECF No. 46-3 at 3-45. 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. I award a total of $43,206.35 (representing $41,263.50 in fees
plus $1,942.85 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