In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-0781V 

 Filed: September 22, 2017 

UNPUBLISHED 

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

KATHRYN SCOTT-HLAVAC, * 

 * 

 Petitioner, * 

v. * 

 * Attorneys’ Fees and Costs; 

SECRETARY OF HEALTH * Special Processing Unit (“SPU”) 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. 

Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master: 

 

 On June 30, 2016, Kathryn Scott-Hlavac (“petitioner”) 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 shoulder 

pain as a result of a pneumococcal conjugate 13 vaccine (“PCV 13”) administered to 

her on May 30, 2014. On February 21, 2017, the undersigned issued a decision 

awarding compensation to petitioner based on respondent’s proffer. (ECF No. 25). 

 On June 7, 2017, petitioner filed a motion for attorneys’ fees and costs. (ECF 

No. 29). Petitioner requests attorneys’ fees in the amount of $15,641.10, and attorneys’ 

costs in the amount of $1,327.86, for a total amount of $16,968.96. Id. at 1-2. 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends 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). 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, the undersigned agrees that the identified material fits 

within this definition, the undersigned 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 also incurred attorneys’ fees and costs in the litigation of this matter with 

previous counsel, Coughlin & Gerhart LLP, in the amount of $1,200.83. See Exhibit 11 

to Petitioner’s Motion. In compliance with General Order #9, petitioner has filed a 

signed statement indicating petitioner incurred no out-of-pocket expenses. 

On June 13, 2017, respondent filed a response to petitioner’s motion. (ECF No. 

30). Respondent argues that “[n]either the Vaccine Act nor Vaccine Rule 13 

contemplates any role for respondent in the resolution of a request by a petitioner for an 

award of attorneys’ fees and costs.” Id. at 1. Respondent adds, however, that she “is 

satisfied the statutory requirements for an award of attorneys’ fees and costs are met in 

this case.” Id. at 2. Petitioner “respectfully recommends that the Chief Special Master 

exercise her discretion and determine a reasonable award for attorneys’ fees and 

costs.” Id. at 3. 

On June 27, 2017, petitioner filed a reply. (ECF No. 31). Petitioner argues that 

respondent’s position regarding the fee application is overly burdensome on the Court 

and prejudices petitioner. Id. at 2. Petitioner also argues that she has met her burden 

of establishing reasonable fees and costs, and as such her attorneys’ fees and costs 

should be paid. Id. at 3-4. 

The undersigned has reviewed the billing records submitted with petitioner’s 

request. In the undersigned’s experience, the request appears reasonable, except for 

the necessary reductions discussed below. 

Ms. Wilson billed 29.8 hours in 2016 at a rate of $301 per hour, and 8.3 hours in 

2017 at a rate of $308 per hour. (ECF No. 36-1, p. 9.) The undersigned reduces Ms. 

Wilson’s hourly rates to $275 for 2016, and $290 for 2017. See Kaufman v. HHS, No. 

15-1045V, 2016 WL 8347656, at *4-5 (Fed. Cl. Spec. Mstr. Nov. 7, 2016) (setting Ms. 

Wilson’s rate for 2014 through 2016); Noblett v. HHS, No. 14-969V, 2017 WL 3033932, 

at *2 (Fed. Cl. Spec. Mstr. June 15, 2017) (setting a 2017 rate for Ms. Wilson based in 

part on the undersigned’s analysis in Kaufman). 

Additionally, on October 19, 2016, Ms. Wilson billed 6.8 hours of travel at her full 

hourly rate. (ECF No. 29-1.) Consistent with routine practice in this program, the 

undersigned reduces petitioner’s counsel’s hourly for this travel time rate by 50%. See, 

e.g., Hocraffer v. HHS, No. 99-533V, 2011 WL 3705153, at *24 (noting that “Special 

masters consistently award compensation for travel time at 50% of the billing rate in the 

Vaccine Program.”); J.L.D. v. HHS, No. 15-716V, 2017 WL 563189, at *4 (Fed. Cl. 

Spec. Mstr. Jan. 18, 2017) (“Upon further review of the billing records, I noted that 

[petitioner’s counsel] billed a total of 19.6 hours of travel time in 2015. While an attorney 

may bill for work performed while traveling, special masters consistently award 

compensation for travel time at 50% of the billing rate in the Vaccine Program.” (internal 

citations omitted)). 
3 

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

§ 15(e). The undersigned GRANTS petitioner’s motion for attorneys’ fees and costs 

with the following reductions: 

 2016: ($301-$275)*29.8 hours = $774.80 reduction 

 2017: ($308-$290)*8.3 hours = $149.40 reduction 

 Travel: ($275-$137.50)*6.8 = $935.00 reduction 

Total Reduction: $1,859.20 

Accordingly, the undersigned awards the following: 

A. A payment of $15,109.76,3 as a lump sum in the form of a check jointly 

payable to petitioner and petitioner’s counsel Amber Diane Wilson, 

Esq.4

B. A payment of $1,200.83, as a lump sum in the form of a check jointly 

payable to petitioner and petitioner’s counsel Coughlin & Gerhart, LLP.5

 The clerk of the court shall enter judgment in accordance herewith.6

IT IS SO ORDERED. 

s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master 

 

3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all 

charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. 

Furthermore, § 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would 

be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Human Servs.,

924 F.2d 1029 (Fed. Cir.1991). 

4 Petitioner requests that the check to Amber Diane Wilson, Esq. be forwarded to Maglio Christopher & 

Toale, PA, 1605 Main Street, Suite 710, Sarasota Florida 34236. 

5 Petitioner requests that the check to Coughlin & Gerhart, LLP be forwarded to P.O. Box 2039, 

Binghamton, NY 13902-2039.

6 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.