United States Court of Federal Claims, 2026

Giovannelli v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided September 16, 2026 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 25-0045V

CARLO GIOVANNELLI,

Chief Special Master Corcoran Petitioner,

v. Filed: August 12, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. James Connor Daughton, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1 On January 10, 2025, Carlo Giovanelli filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). The petition seeks compensation for injuries allegedly related to Petitioner’s receipt of a seasonal influenza (“flu”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on October 10, 2023. Petitioner alleges that he suffered a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table following administration of the vaccine. On February 20, 2026 I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 24.

Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $22,132.46 (representing $21,484.00 in fees plus $648.46 in costs). Motion for Attorneys’ Fees and Costs (“Motion”) filed June 11, 2026, ECF No. 29. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. ECF No. 29-4.

Respondent reacted to the Motion on June 25, 2026, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case. Moreover, Respondent states that he does not object to the overall amount sought, as it is not an unreasonable amount to have been incurred for proceedings in this case to date. Respondent’s Response to Motion at ECF No. 30. Petitioner filed no reply thereafter.

I have reviewed the billing records and supporting documentation submitted with Petitioner’s Motion. I find the overall amount sought to be reasonable and will award it herein. 3

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 $22,132.46 (representing $21,484.00 for attorneys’ fees and $648.46 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. 4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

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). 3 However, this award should not be construed as an acceptance of the hourly rates requested, the number of hours billed, or other litigation related costs. 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.