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Proctor V Secretary Of Health And Human Services

    In the United States Court of Federal Claims
                                 OFFICE OF SPECIAL MASTERS
                                         No. 20-1236V


    DONNA PROCTOR,
                                                             Chief Special Master Corcoran

                         Petitioner,                         Filed: June 20, 2025
    v.

    SECRETARY OF HEALTH AND
    HUMAN SERVICES,

                        Respondent.


John Robert Howie, Jr., Howie Law, PC, Dallas, TX, for Petitioner.

Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.


                       DECISION ON ATTORNEY’S FEES AND COSTS1

       On September 21, 2020, Donna Proctor 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 from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza vaccination administered to
her on September 23, 2017. Pet., ECF No. 1. On April 14, 2025, I issued a decision
awarding damages to Petitioner, following briefing and expedited Motions Day argument
by the parties. ECF No. 55.


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 $53,440.60 (representing $52,567.20 for fees and $873,40 in attorney’s costs).
Petitioner’s Application for Attorneys’ Fees, filed Apr. 24, 2025, ECF No. 59. In
accordance with General Order No. 9, Petitioner filed a signed statement indicating that
she incurred no out-of-pocket expenses. ECF No. 59-4.

       Respondent reacted to the motion on May 7, 2025, indicating that he is satisfied
that the statutory requirements for an award of attorney’s fees and costs are met in this
case, but deferring resolution of the amount to be awarded to my discretion. Respondent’s
Response to Motion at 2-3, 3 n.2, ECF No. 60. The same day, Petitioner filed a cursory
reply. ECF No. 61.

       The rates requested for work performed through 2025 are reasonable and
consistent with our prior determinations, and will therefore be adopted.3

        I also note this case required additional briefing regarding entitlement, specifically
pain onset and symptom location. See Petitioner’s Motion to Deem SIRVA Table
Elements are Satisfied or Alternatively, Petitioner’s Motion for Ruling on the Record on
Petitioner’s Cause-in-Fact Claim, filed Jan. 17, 2023, ECF No. 40; Petitioner’s Reply to
Respondent’s Response to Petitioner’s Motion for Ruling on the Record, filed Mar. 8,
2023, ECF No. 43. Petitioner’s counsel expended approximately 14.0 hours drafting the
entitlement brief, and 7.9 hours drafting the responsive entitlement brief, for a combined
total of 21.9 hours. ECF No. 59-2 at 8-9. I find this time to have been reasonably incurred.
(And all time billed to the matter was also reasonably incurred.)

       Furthermore, Petitioner has provided supporting documentation for all claimed
costs for all but expenses of $31.20 for copying and $1.38 for postage. ECF No. 59-3. I
will nevertheless allow reimbursement of these unsubstantiated costs. And Respondent
offered no specific objection to the rates or amounts sought. ECF No. 60. I have reviewed
the requested costs and find them to be reasonable.

       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. I award a total of $53,440.60 (representing $52,567.20 for
fees and $873,40 in attorney’s costs) to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a

3 Mr. Howie has not requested an increase in his 2024 hourly rate for work performed in 2025. The

requested fees will be awarded, but Mr. Howie should request the 2025 hourly rate that he believes is
appropriate in his next attorney’s fees and costs motion.
                                                    2
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




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.
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