Opinion

Brown v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Sep 1, 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Unpublished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. 24-2077V

KATRINA BROWN,

Chief Special Master Corcoran

Petitioner,

v. Filed: July 30, 2026

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner.

Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1

On December 17, 2024, Katrina 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 she suffered a shoulder injury related to vaccine

administration (“SIRVA”) following an influenza vaccination she received on December

22, 2021. Petition at 1. On December 2, 2025, I issued a decision awarding compensation

to Petitioner based on Respondent’s proffer. ECF No. 28.

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

of $17,465.59 (representing $15,964.50 in fees plus $1,501.09 in costs). Motion for

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.

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).

Attorneys’ Fees and Costs (“Motion”) filed May 19, 2026, ECF No. 33. Furthermore,

counsel for Petitioner represents that Petitioner incurred no personal out-of-pocket

expenses. ECF No. 33-3.

Respondent reacted to the motion on May 26, 2026, indicating that he is satisfied

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. 34. Petitioner did not file a reply.

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. 33-2. 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 attorneys’ fees and costs in the total

amount of $17,465.59 (representing $15,964.50 for attorneys’ fees and $1,501.09 for

attorneys’ 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

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

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

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.