Simmons v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2049V

CARROLL SIMMONS, Chief Special Master Corcoran

Petitioner, Filed: June 16, 2026 v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.

Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1

On November 30, 2023, Carroll Simmons 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 Guillain-Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccination administered to him on November 28, 2022. Petition at 1. On July 15, 2025, I issued a decision awarding damages to Petitioner based on the Respondent’s proffer. ECF No. 40.

Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $25,464.53 (representing $24,878.50 in fees and $586.53 in costs). Petitioner’s Motion for Attorneys’ Fees and Costs (“Motion”) filed March 26, 2026, ECF No. 46. Also, on

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. March 26, 2026, Petitioner filed a signed statement representing that $7.10 in personal out-of-pocket expenses was incurred. ECF No. 47.

Respondent reacted to the motion on April 7, 2026, 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. Respondent’s Response to Motion at ECF No. 48. Petitioner filed no reply thereafter.

I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through 2026 are reasonable and consistent with our prior determinations and are therefore awarded herein. And all time billed to the matter was also reasonably incurred.

Petitioner has otherwise provided supporting documentation for all claimed costs and out-of-pocket expenses. ECF No. 46 at 22-25. 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. Petitioner is awarded attorney’s fees and costs in the total amount of $25,471.63 as follows:

A lump sum of $25,464.53, (representing $24,878.50 in attorney’s fees plus $586.03 in costs), to be paid through an ACH deposit to Petitioner’s counsel of record: Ronald C. Homer’s IOLTA account for prompt disbursement; and

A lump sum of $7.10, representing reimbursement for Petitioner’s out-of- pocket expenses, to be paid through an ACH deposit to Petitioner’s counsel of record: Ronald C. Homer’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. 2 IT IS SO ORDERED.

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

2 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