JOHNSON v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-2138V
EBONIE JOHNSON,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 15, 2025
Elizabeth Hess, Shannon Law Group, Woodridge, IL, for Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON ATTORNEY’S FEES AND COSTS1
On December 27, 2024, Ebonie Johnson 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 	resulting 	from an influenza vaccination received on January 31, 2023.
Petition, ECF No. 1. On September 29, 2025, I issued a decision awarding compensation
to Petitioner based on the Respondent’s proffer. ECF No. 23.
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 1:24-vv-02138-UNJ Document 36 Filed 01/20/26 Page 1 of 2

2
Petitioner has now filed a motion for attorney’s fees and costs, requesting an award
of $31,137.52 (representing $ 30,019.00 in fees plus $ 1,118.52 in costs). Application for
Fees and Costs (“Motion”) filed October 8, 2025, ECF No. 30. Furthermore, Counsel for
Petitioner 	did not herein 	request 	or claim reimbursement 	of personal 	out-of-pocket
expenses incurred by Petitioner.
Respondent reacted to the motion on October 21, 2025, indicating that he defers
resolution of the amount to be awarded to my discretion. Response at 2-5, ECF No. 31.
Petitioner did not file a reply thereafter.
I have reviewed the billing 	records submitted 	with Petitioner’s request. 	In my
experience, the request appears reasonable, and I find no cause to reduce the requested
hours or rates. Furthermore, Petitioner has provided supporting documentation for all
claimed costs. ECF No. 30-4. 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 $31,137.52 (representing $ 30,019.00 in
fees plus $ 1,118.52 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 1:24-vv-02138-UNJ Document 36 Filed 01/20/26 Page 2 of 2