VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-02014
Package ID: USCOURTS-cofc-1_20-vv-02014
Petitioner: M.G.
Filed: 2025-03-06
Decided: 2025-03-06
Vaccine: influenza
Vaccination date: 2019-12-20
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 30670

AI-assisted case summary:
M.G. filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 20, 2019. The injury was considered a Table injury. On March 12, 2024, compensation was awarded based on the Respondent's proffer. Subsequently, Petitioner filed a motion for attorney's fees and costs totaling $31,142.45, plus $14.90 in personal out-of-pocket expenses. Respondent indicated satisfaction with the statutory requirements for fees and costs but deferred the amount to the court's discretion. Chief Special Master Corcoran reviewed the billing records and found some redundant time billed for routine documents, reducing the fee award by $487.00. The requested costs were found reasonable and awarded in full. The total award for attorney's fees and costs, including Petitioner's out-of-pocket expenses, was $30,670.35.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-02014-0
Date issued/filed: 2025-04-11
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 03/06/2025) regarding 71 DECISION of Special Master - Fees Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:20-vv-02014-UNJ Document 74 Filed 04/11/25 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-2014V
M.G.,
Chief Special Master Corcoran
Petitioner,
Filed: March 6, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON ATTORNEY’S FEES AND COSTS1
On December 29, 2020, M.G., 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 a shoulder injury related to vaccine
administration a defined Table injury, or in the alternative a caused-in-fact-injury, after
receiving an influenza vaccine on December 20, 2019. Petition, ECF No. 1. On March 12,
2024, I issued a decision awarding compensation to Petitioner based on Respondent’s
proffer. ECF No. 59.
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).

Case 1:20-vv-02014-UNJ Document 74 Filed 04/11/25 Page 2 of 3
Petitioner has now filed a motion for attorney’s fees and costs, requesting an award
of $31,142.45 (representing $30,269.80 in fees plus $872.65 in costs). Application for
Attorneys’ Fees and Costs (“Motion”) filed September 4, 2024, ECF No. 67. Furthermore,
Petitioner filed a signed statement representing that Petitioner incurred $14.90 in personal
out-of-pocket expenses. ECF No. 68.
Respondent reacted to the motion on September 19, 2024, 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. Motion
at 2-4, ECF No. 69. Petitioner filed no reply thereafter.
I have reviewed the billing records submitted with Petitioner’s request. The rates
requested for work performed through the end of 2024 are reasonable and consistent
with our prior determinations, and will therefore be adopted. However, I find a minor
reduction in the amount of fees to be awarded appropriate, for the reasons stated below.
After reviewing the billing records submitted with Petitioner’s request, I find that the
fees award must be reduced for redundant time billed for the review of status reports,
correspondence cover letters, and other cursory documents prepared by another
attorney. See, e.g., ECF No. 67 at 17-27 (entries dated 3/15/22; 3/29/22; 3/20/23; 5/4/23;
12/12/23; 3/13/24; 3/14/24). I am aware that it is a common practice for Conway, Homer,
P.C. to have several attorneys work on the same matter, even if one predominantly is
responsible for hearings. In some instances, such as when preparing substantive
documents like the petition, briefs, and settlement demands, it is reasonable to have
another set of eyes review that document (and the Conway Homer, P.C. attorneys
typically bill reasonable amounts that reflect their personal expertise, with more
experienced counsel needing to spend less time on matters than newer attorneys).
However, it is not reasonable to have an attorney bill for time to review routine
filings, such as status reports, joint notice not to seek review, and motions for enlargement
of time, when those filings were prepared (and billed for) by another attorney. And this is
not the first time I or other special masters have noted this particular issue concerning
Conway, Homer, P.C. billing practices. See, e.g., Manetta v. Sec’y of Health & Hum.
Servs., No. 18-172V, 2020 WL 7392813, at *2 (Fed. Cl. Spec. Mstr. Nov 19, 2020); Lyons
v. Sec’y of Health & Hum. Servs., No. 18-414V, 2020 WL 6578229 (Fed. Cl. Spec. Mstr.
Oct. 2, 2020). Accordingly, Petitioner will not receive fees for redundant efforts. This
results in a reduction in the amount of fees to be awarded of $487.00.
2

Case 1:20-vv-02014-UNJ Document 74 Filed 04/11/25 Page 3 of 3
Petitioner has otherwise provided supporting documentation for all claimed costs.
ECF No. 67. Respondent offered no specific objection to the rates or amounts sought. I
find the requested costs reasonable and hereby award them in full.
CONCLUSION
The Vaccine Act permits an award of reasonable attorney’s fees and costs for
successful claimants. Section 15(e). Accordingly, I hereby GRANT in part, Petitioner’s
Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs
in the total amount of $30,670.35 (representing $30,655.45 in fees and costs plus
$14.90 representing Petitioner’s out-of-pocket expenses) 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.
3