Blanco V Secretary Of Health And Human Services

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0559V

ROCIO BLANCO,
Chief Special Master Corcoran

Petitioner, Filed: June 16, 2025
v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent.

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.

Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS1

On May 23, 2022, Rocio Blanco 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 a shoulder injury related to vaccine
administration (“SIRVA”) following an influenza vaccination she received on August 29,
2019. Petition at 1. On February 18, 2025, I issued a decision awarding compensation to
Petitioner following briefing and Expedited Motions Day argument by the parties. ECF No.
42.

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 $28,604.60 (representing $28,147.60 for fees and $457.00 in attorney’s costs).
Petitioner’s Application for Attorneys’ Fees, filed May 23, 2025, ECF No. 49. In
accordance with General Order No. 9, Petitioner filed a signed statement indicating that
she incurred no out-of-pocket expenses. ECF No. 49-4.

Respondent reacted to the motion on June 5, 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. 50. 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 damages. See
Petitioner’s Motion for Ruling on the Record Regarding Damages, filed Jan. 4, 2024, ECF
No. 31; Petitioner’s Reply Brief in Support of Damages, filed Mar. 28, 2024, ECF No. 34;
Petitioner’s Supplemental Brief, filed July 12, 2024, ECF No. 36. Petitioner’s counsel
expended approximately 8.5 hours drafting the damages brief, 4.6 hours drafting the reply
damages brief, and .5 hours drafting the supplemental brief, for a combined total of 13.6
hours. ECF No. 49-2 at 9-10. 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. 49-3. And Respondent offered no specific objection to the rates or
amounts sought. ECF No. 50. 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 $28,604.60 (representing $28,147.60 for
fees and $457.00 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
Court shall enter judgment in accordance with this Decision.3

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.
2
IT IS SO ORDERED.

s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master