In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * * * * * *

JACQUELINE BRAND, *

* No. 12-549V

Petitioner, * Special Master Christian J. Moran

*

v. * Filed: September 9, 2013

*

SECRETARY OF HEALTH * Attorneys’ fees and costs; award

AND HUMAN SERVICES, * in the amount to which respondent

* does not object

Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * *

Ronald C. Homer, Conway, Homer & Chin-Caplan, Boston, MA, for Petitioner;

Lisa A. Watts, U.S. Department of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON FEES AND COSTS1

On August 22, 2013, Ms. Brand filed an application for attorneys’ fees and costs 

(“Application”) in the above-captioned matter. On September 4, 2013, respondent filed a status 

report stating that she has no objection to petitioner’s requested attorneys’ fees and costs in the 

amount of $25,962.42. The Court awards this amount. 

On August 30, 2012, Jacqueline Brand filed a petition seeking compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1 et seq., alleging that the 

influenza vaccination she received on September 3, 2009 caused her to suffer an injection-related 

shoulder injury. On December 4, 2012, petitioner was found to be entitled to compensation 

under the Vaccine Act. Unpublished Decision Awarding Damages, filed May 24, 2013. Because 

petitioner received compensation, she is entitled to an award of attorneys’ fees and costs. 

42 U.S.C. § 300aa-15(e). 

Ms. Brand seeks a total of $25,962.42 in attorneys’ fees and costs for her counsel. 

Additionally, in compliance with General Order No. 9, Ms. Brand states that she incurred a total 

of $350.00 in out-of-pocket litigation expenses while pursuing this claim. Respondent has no 

objection to the amount requested for attorneys’ fees and costs. 

 

1

The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), 

the parties have 14 days to file a motion proposing redaction of medical information or other 

information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special 

master will appear in the document posted on the website.
After reviewing the request, the Court awards the following:

A. A lump sum of $25,612.42 in the form of a check made payable to petitioner and 

petitioner’s attorney, Ronald C. Homer, for attorneys’ fees and other litigation 

costs available under 42 U.S.C. § 300aa-15(e).

B. A lump sum of $350.00 in the form of a check made payable to petitioner, 

Jacqueline Brand, for petitioner’s out-of-pocket litigation expenses.

The Court thanks the parties for their cooperative efforts in resolving this matter. The 

Clerk shall enter judgment accordingly.2

Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-6353.

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master

 

2

 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each 

party filing a notice renouncing the right to seek review by a United States Court of Federal 

Claims judge.