WILSON v. SECRETARY OF HEALTH AND HUMAN SERVICES

1:20-vv-01492Uscfc15 janv. 2026

Texte intégral

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1492V
KELLI WILSON,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 15, 2025
Curtis R. Webb, Curtis, R. Webb, Attorney at Law, Monmouth, OR, for Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON ATTORNEY’S FEES AND COSTS1
On October 29, 2020, Kelli Wilson 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 alleged that she suffered a shoulder injury related to vaccine
administration a defined Table injury, after receiving an influenza vaccine November 2,
2017. 	Petition, 	ECF No. 1. 	On February 	27, 	2025, 	I issued 	a decision 	awarding
compensation to Petitioner based on the parties’ stipulation. ECF No. 38.
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
inf ormation, 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 f rom 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 ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).
Case 1:20-vv-01492-UNJ Document 49 Filed 01/15/26 Page 1 of 2
2
Petitioner has now filed a motion for attorney’s fees and costs, requesting an award
of $38,526.12 (representing 	$37,839.25 in fees plus $686.87 in costs). Application for
Fees and Costs (“Motion”) filed September 2, 2025, ECF No. 43. Furthermore, Counsel
for Petitioner represents that Petitioner incurred no personal out-of-pocket expenses.
ECF No. 43.
Respondent reacted to the motion on September 24, 2025, indicating that he is
satisfied the statutory requirements for an award of attorneys’ fees and costs are met in
this case but deferring resolution of the amount to be awarded to my discretion. Response
at 2-4, ECF No. 44. Petitioner filed a reply requesting an award of fees and costs as
indicated in the Motion. ECF No. 45.
I have reviewed the billing records submitted with Petitioner’s request. The hourly
rates requested by attorney Curtis Webb and his supporting paralegals for all time billed
in this matter through the end of 2025 are reasonable and shall be awarded. Furthermore,
Petitioner has provided supporting documentation for all claimed costs. ECF No. 43-3.
Respondent 	offered no specific objection 	to the rates or amounts sought. I find the
requested costs reasonable and hereby award them in full.
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 $38,526.12 (representing $37,839.25 in fees
plus $686.87 in 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
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 f iling a joint notice
renouncing their right to seek review.
Case 1:20-vv-01492-UNJ Document 49 Filed 01/15/26 Page 2 of 2

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