VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00757
Package ID: USCOURTS-cofc-1_22-vv-00757
Petitioner: Michael Smith
Filed: 2022-07-12
Decided: 2026-02-27
Vaccine: influenza
Vaccination date: 2019-10-07
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 35360

AI-assisted case summary:
Michael Smith filed a petition alleging he suffered transverse myelitis as a result of receiving an influenza vaccine on October 7, 2019. The petition was filed on July 12, 2022. On March 14, 2025, Mr. Smith filed a motion to dismiss his petition, which was granted. Subsequently, on September 26, 2025, Mr. Smith filed a motion for attorneys' fees and costs. The court found that the case possessed both good faith and reasonable basis throughout its pendency, entitling him to fees and costs. The court awarded a total of $35,360.53 for attorneys' fees and costs, including $32,887.40 in attorneys' fees and $2,441.45 in attorneys' costs, plus $31.68 for petitioner's own costs.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00757-0
Date issued/filed: 2026-04-10
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/27/2026) regarding 51 DECISION of Special Master - Fees. Signed by Special Master Thomas L. Gowen. (kp) Service on parties made.
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Case 1:22-vv-00757-UNJ Document 54 Filed 04/10/26 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 27, 2026
* * * * * * * * * * * * * *
MICHAEL SMITH, *
*
Petitioner, * No. 22-757V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Madylan Louise Yarc, United States Department of Justice, Washington, DC, for Respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On September 26, 2025, Michael Smith (“petitioner”) filed a motion for attorneys’ fees
and costs. Petitioner’s Motion for Attorney Fees (“Fees App.”) (ECF No. 48). For the reasons
discussed below, I GRANT Petitioner’s motion for attorneys’ fees and costs and award a total of
$35,360.53.
I. Procedural History
On July 12, 2022, Petitioner filed a petition for compensation in the National Vaccine
Injury Compensation Program.2 (Petition) (ECF No. 1). Petitioner alleged that he suffered
transverse myelitis as a result of receiving an influenza vaccine on October 7, 2019. Id. On March
14, 2025, following a status conference, Petitioner filed a motion dismissing his petition. (ECF
No. 44). On the same day, I granted Petitioner’s motion and dismissed the petition. (ECF No. 45).
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 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Act of
1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2018) (Vaccine Act or
the Act. All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

Case 1:22-vv-00757-UNJ Document 54 Filed 04/10/26 Page 2 of 4
On September 26, 2025, petitioner filed a motion for attorneys’ fees and costs. Petitioner
requests compensation in the total amount of $35,360.53, representing $32,887.40 in attorneys’
fees and $2,441.45 in costs. Fees App. at 2. Pursuant to General Order No. 9, Petitioner warrants
he personally incurred $31.68 in costs in pursuing this claim. Fees App. Ex. C. Respondent reacted
to the fees motion on December 22, 2025, stating that “Respondent defers to the court regarding
whether the statutory requirements for an award of attorneys’ fees and costs are met in this case.”
Response at 2 (ECF No. 50). Petitioner did not file a reply.
The matter is now ripe for adjudication.
II. Analysis
Under the Vaccine Act, the special master may award reasonable attorneys’ fees and costs
for a petition that does not result in an award of compensation but was filed in good faith and
supported by a reasonable basis. § 300aa–15(e)(1). In this case, although the petition was
eventually dismissed, I am satisfied that the case possessed both good faith and reasonable basis
throughout its pendency. Respondent also has not advanced any argument that the claim lacked
good faith or reasonable basis. Accordingly, Petitioner is entitled to a final award of reasonable
attorneys’ fees and costs.
Petitioners “bea[r] the burden of establishing the hours expended, the rates charged, and
the expenses incurred” are reasonable. Wasson v. Sec'y of Health & Human Servs., 24 Cl. Ct. 482,
484 (1993). Adequate proof of the claimed fees and costs should be presented when the motion is
filed. Id. at 484 n. 1. The special master has the discretion to reduce awards sua sponte, independent
of enumerated objections from the respondent. Sabella v. Sec'y of Health & Human Servs., 86 Fed.
Cl. 201, 208–09 (Fed. Cl. 2009); Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (Fed.
Cl. 2008), aff'd No. 99–537V, 2008 WL 2066611 (Fed. Cl. Spec. Mstr. Apr. 22, 2008).
a. Attorneys’ Fees
Petitioner requests the following rates of compensation for his attorneys at Conway Homer,
P.C.:
2022 2023 2024 2025
Ronald Homer $475 $500 $525 $567
Christina Ciampolilo - - $500 -
Joseph Pepper - - $485 $516
Lauren Faga $385 $425 - -
Meridith Daniels - - $485 $516
Nathaniel Enos - - $360 -
Patrick Kelly - - $345 -
Paralegal $170 $185 $195 $207
Law Clerk - $195 - -
2

Case 1:22-vv-00757-UNJ Document 54 Filed 04/10/26 Page 3 of 4
These rates are consistent with what counsel and staff have previously been awarded for their
Vaccine Program work and I find them to be reasonable herein.
Turning next to review of the submitted billing statement, I find that the overall hours spent
on this matter appear to be reasonable. The entries are reasonable and accurately describe the work
being performed and the length of time it took to perform each task. Respondent did not respond
to the fees motion, and thus has not identified any particular entries as being objectionable.
Therefore, Petitioner is entitled to final attorneys’ fees of $32,887.40.
b. Attorneys’ Costs
Like attorneys’ fees, a request for reimbursement of costs must be reasonable. Perreira v.
Sec’y of Health & Human Servs., 27 Fed. Cl. 29, 34 (Fed. Cl. 1992). Petitioner requests total
attorneys’ costs in the amount of $2,441.45. This amount is comprised of acquiring medical
records, the Court’s filing fee, postage, and photocopies. Fees App. Ex. B. Petitioner has provided
adequate documentation supporting all of his requested costs. Petitioner is therefore awarded the
full amount of costs sought.
c. Petitioner’s Costs
Petitioner requests a total of $31.68 for medical records and postage costs he incurred
related to pursing this claim. Fees App. Ex. C. The undersigned finds these costs to be reasonable
and will award them in full.
III. Conclusion
In accordance with the foregoing, I hereby GRANT Petitioner’s motion for attorneys’ fees
and costs and find that Petitioner is entitled to a reimbursement of attorneys’ fees and costs as
follows:
Attorneys’ Fees Requested $32,887.40
(Reduction of Fees) -
Total Attorneys’ Fees Awarded $32,887.40
Attorneys’ Costs Requested $2,441.45
(Reduction of Costs) -
Total Attorneys’ Costs Awarded $2,441.45
Total Attorneys’ Fees and Costs $35,328.85
Petitioner’s Costs Requested $31.68
(Reduction of Costs) -
Total Attorneys’ Costs Awarded $31.68
3

Case 1:22-vv-00757-UNJ Document 54 Filed 04/10/26 Page 4 of 4
Accordingly, I award the following:
1) a lump sum in the amount of $35,328.85 representing reimbursement for
Petitioner’s attorneys’ fees and costs, to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement.
2) a lump sum of $31.68, representing reimbursement for Petitioner’s costs, to be
paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for
prompt disbursement.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the
Court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
/s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. Vaccine
Rule 11(a).
4