In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

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

KAREN SHOCK, * 

 * No. 15-1328V 

 Petitioner, * Special Master Christian J. Moran 

 * 

v. * Filed: March 29, 2017 

 * 

SECRETARY OF HEALTH * Attorneys’ fees and costs. 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

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

Diana L. Stadelnikas, Maglio Christopher and Toale, PA, Sarasota, FL, for 

Petitioner; 

Sarah C. Duncan, United States Dep’t of Justice, Washington, DC, for Respondent. 

UNPUBLISHED DECISION ON FEES AND COSTS1

 After receiving compensation through the Vaccine Program, Karen Shock 

filed a motion for attorneys’ fees and costs. Ms. Shock is awarded $14,136.72. 

* * * 

 On November 15, 2015, Karen Shock filed a petition under the National 

Childhood Vaccine Injury Act, 42 U.S.C. §300aa-10 through 34, alleging that the 

measles-mumps-rubella vaccine caused her to develop hearing loss and tinnitus. 

The undersigned issued a decision awarding compensation to Ms. Shock based on 

the parties’ stipulation. Decision, 2016 WL 7442714 (Nov. 29, 2016). 

 Because Ms. Shock received compensation, she is entitled to an award of 

attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e). 

 

1 The E-Government Act, 44 § 3501 note (2012) (Federal Management and Promotion of 

Electronic Government Services), 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. 
2

 The Federal Circuit has approved the lodestar approach to determine 

reasonable attorneys’ fees and costs under the Vaccine Act. This is a two-step 

process. Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343, 1348 (Fed. 

Cir. 2008). First, a court determines an “initial estimate . . . by ‘multiplying the

number of hours reasonably expended on the litigation times a reasonable hourly 

rate.’” Id. at 1347-48 (quoting Blum v. Stenson, 465 U.S. 886, 888 (1984)). 

Second, the court may make an upward or downward departure from the initial 

calculation of the fee award based on specific findings. Id. at 1348. 

* * * 

 

 Ms. Shock seeks a total of $14,136.72 ($13,184.60 in attorneys’ fees and

$952.12 in costs) for her counsel. For hourly rates, petitioner’s counsel, Ms. 

Stadelnikas, proposed a rate of $300 per hour in 2015 and $359 per hour in 2016. 

The Secretary did not directly challenge the proposed rates. These rates are

reasonable and have previously been awarded. See Perez v. Sec’y of Health & 

Human Servs., No. 10-659V, 2016 WL 8077957 (Fed. Cl. Spec. Mstr. Dec. 30, 

2016), Dezern v. Sec’y of Health & Human Servs., No. 13-643V, 2016 WL 

6678496, at *4 (Fed. Cl. Oct. 14, 2016)(awarding forum rates to the law firm 

location at which Ms. Stadelnikas works). 

 The Secretary also did not directly challenge any of the requested hours as 

unreasonable. In light of the Secretary’s lack of objection, the undersigned has 

reviewed the fee application for its reasonableness. See Shea v. Secʼy of Health & 

Human Servs., No. 13-737V, 2015 WL 9594109, at *2 (Fed. Cl. Spec. Mstr. Dec. 

10, 2015) (“special masters are not obligated to evaluate an attorney’s billing 

records on a line-by-line basis in making the reasonableness determination . . . and 

certainly need not do so when Respondent has not attempted to highlight any 

specific alleged inefficiencies”). All aspects of the application for attorneys’ fees 

appear reasonable. 

In addition to seeking an award for attorneys’ fees, Ms. Shock seeks 

compensation for costs expended. The costs are relatively routine, such as medical 

record retrieval, mailings, and photocopies. All these costs are reasonable, 

documented, and awarded in full. 

 

* * * 

 
3

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 

§15(e). After reviewing the request, the Court GRANTS petitioner’s motion for 

attorneys’ fees and costs.

 

 This shall be paid as follows: 

A lump sum of $14,136.72, in the form of a check made payable to 

petitioner and petitioner’s attorney, Diana L. Stadelnikas, of Maglio 

Christopher and Toale, PA, for attorneys’ fees and other litigation costs 

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

In the absence of a motion for review filed pursuant to RCFC Appendix B, the 

clerk of the court is directed to enter judgment herewith.2

 

IT IS SO ORDERED. 

 

 S/Christian J. Moran 

 Christian J. Moran 

 Special Master 

 

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint 

filing of notice renouncing the right to seek review.