# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1705V (not to be published)

JOSHUA BROWN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: May 28, 2021

Special Processing Unit (SPU);
Attorney’s Fees and Costs

Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL , for P etitioner.

Mollie Danielle Gorney , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On November 4, 2019, Joshua Brown, (“ P etitioner ”) 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 a shoulder
injury related to vaccine administration following an influenza vaccine. ( Petition at 3

- 4 ).

On February 25 , 2021

, a decision was issued awarding compensation to P etitioner

. ( ECF

No. 3 1 ).

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the D ecision 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.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 Petitioner has now filed a motion for attorney’s fees and costs, dated April 2 9

, 2021, (ECF No. 37 ), requesting a total award of $ 27,183.53 (representing $ 26,516.80 in

fees and $ 666.73 in costs). In accordance with General Order #9

, Petitioner filed a signed
statement indicating that she incurred no out

- of

- pocket expenses. (ECF No. 37

- 3 ).

Respondent reacted to the motion on April 2 9 , 2021

, indicating that he is satisfied that the
statutory requirements for an award of attorney’s fees and costs are met in this case and
defers to the Court’s discretion to determine the amount to be awarded. (ECF No. 3 8 ).
Petitioner filed a reply requesting that the court award Petitioner all fees and costs

requested in Petitioner’s application . (ECF No. 39 ).

I have reviewed the billing records submitted with P etitioner’s request. In my experience, the request appears reasonable, and I find no cau se to reduce the requested

hours or rates.

The Vaccine Act permits an award of reasonable attorney ’ s fees and costs

. §
15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney ’ s fees and costs. I

award a total of $27,183.53 (representing $26,516.80 in fees and $666.73 in costs ) as a
lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel

. Per
Petitioner’s request, the check should be forwarded to Maglio, Christopher & Toale,

PA, 1605 Main Street, Suite 710, Sarasota Florida 34236. In the absence of a timely

filed motion for review (see Appendix B to the Rules of the Court), the Clerk 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 filing a joint notice renouncing their right to seek review.