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Flores V Secretary Of Health And Human Services

    In the United States Court of Federal Claims
                                 OFFICE OF SPECIAL MASTERS
                                         No. 20-1858V


    GABRIEL FLORES,
                                                             Chief Special Master Corcoran

                         Petitioner,                         Filed: June 20, 2025
    v.

    SECRETARY OF HEALTH AND
    HUMAN SERVICES,

                        Respondent.


Brynna Gang, Kraus Law Group, LLC, Chicago, IL, for Petitioner.

Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for Respondent.


                       DECISION ON ATTORNEY’S FEES AND COSTS1

        On December 15, 2020, Gabriel Flores 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 he suffered a Table injury – a shoulder injury related
to vaccine administration (“SIRVA”) - as a result of his receipt of the flu vaccine on
September 27, 2019. Petition at 1. On May 24, 2023, I issued a ruling finding Petitioner
entitled to compensation, following briefing by the parties. ECF No. 38. Approximately 20
months later, on January 24, 2025, I issued a decision awarding damages, following
briefing and Expedited Motions Day argument by the parties. ECF No. 49.

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 $30,289.60 (representing $29,777.50 for attorney’s fees and $512.10 in attorney’s
costs). Petitioner’s Application for Attorneys’ Fees, filed Apr. 22, 2025, ECF No. 56. In
accordance with General Order No. 9, counsel for Petitioner represents that Petitioner
incurred no out-of-pocket expenses. Id. at 2.

       Respondent reacted to the motion on April 24, 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. 57. Petitioner has not filed a reply.

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

        I also note this case required additional briefing regarding entitlement and
damages. See Petitioner’s Motion for Ruling on the Record and Memorandum in Support
(“Motion”), filed June 24, 2022, ECF No. 30; Petitioner’s Reply in Support of his Motion
for Ruling on the Record and Damages Award, filed Sept. 6, 2022, ECF No. 36;
Petitioner’s Reply in Support of his Motion for Ruling on the Record on Damages, filed
Sept. 8, 2023, ECF No. 44; Petitioner’s Minute Entry, dated Jan. 24, 2025 (for January
24, 2025 expedited hearing). Petitioner’s counsel expended approximately 11.0 hours
drafting the entitlement and damages brief, 3.4 hours drafting the responsive entitlement
and damages brief, and 4.0 hours drafting a supplemental damages brief, for a combined
total of 18.4 hours. ECF No. 56 at 9-10, 23. 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, ECF No. 56 at 29-47. And Respondent offered no specific objection to the rates or
amounts sought. ECF No. 57. 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 $30,289.60 (representing $29,777.50 for
attorney’s fees and $512.10 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 timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of

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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.
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