Owens v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 23-1136V CORRECTED

JUANITA OWENS,

Chief Special Master Corcoran Petitioner, Filed: June 8, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Michael A. Firestone, Marvin Firestone, MD, JD, and Associates, San Mateo, CA, for Petitioner.

Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1 On July 21, 2023, Juanita Owens 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 she suffered a shoulder injury related to vaccine administration following an influenza vaccination she received on January 14, 2021. 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. Petition, ECF No. 1. On September 2, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 38.

Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $64,474.16 (representing $62,130.42 in fees plus $2,343.74 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed March 2, 2026, ECF No. 43. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. ECF No. 43 at 102.

Respondent reacted to the motion on March 4, 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. Respondents’ Response to Motion at ECF No. 44. Petitioner filed no reply thereafter.

The rates requested for work performed through 2025 are reasonable and consistent with our prior determinations and will therefore be awarded herein. Petitioner requests the rate of $525.00 for work performed in 2026 by attorney Michael Firestone. This represents a rate increase of $25.00 from the previous year. Petitioner also requests the rate of $615 for 2026 work performed by attorney Timothy O’Hara. This represents a $55.00 increase from the previous year. I find the requested rate increases to be reasonable and they are hereby awarded herein.

Petitioner has otherwise provided supporting documentation for all claimed costs. ECF No. 43 at 24-50. 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 $64,474.16 (representing $62,130.42 in fees plus $2,343.74 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.

IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master