The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-1293V
TANNISTA BANERJEE,
Chief Special Master Corcoran
Petitioner,
v. Filed: August 7, 2026
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Joseph P. Shannon, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON ATTORNEY’S FEES AND COSTS 1
On August 21, 2024, Tannista Banerjee 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 Table injury - shoulder injury related
to vaccine administration (“SIRVA”) as a result of the administration of her August 26,
2023 influenza vaccine. Petition at 1. On April 23, 2026, I issued a decision awarding
compensation to Petitioner based on the Respondent’s proffer. ECF No. 31.
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).
Petitioner has now filed a motion for attorney’s fees and costs, requesting an award
of $37,797.45 (representing $36,131.30 in fees plus $1,666.15 in costs). Motion for
Attorneys’ Fees and Costs (“Motion”) filed May 14, 2026, ECF No. 36. Furthermore,
counsel for Petitioner represents that Petitioner incurred no personal out-of-pocket
expenses. Id. at 2.
Respondent reacted to the motion on May 19, 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. 37. 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. 36-3. 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 $37,797.45 (representing $36,131.30 for attorneys’ fees and $1,666.15 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