# O&039;keefe v. Secretary of Health and Human Services > United States Court of Federal Claims · August 7, 2026 URL: https://www.frixlaw.com/law-library/cases/11411435 ## Case - **Court:** United States Court of Federal Claims - **Decided:** August 7, 2026 - **Precedential status:** Unpublished - **Opinion:** Opinion - **Judges:** Brian H. Corcoran - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11411435 ## Opinion text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11411435. Public record. Not legal advice.