In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-0374V

Filed: September 25, 2019

UNPUBLISHED

KARI SMITH,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Attorneys’ Fees and Costs

Danielle Anne Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for 

respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master:

On March 9, 2018, 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 alleges that she suffered a shoulder injury related to vaccine 

administration (“SIRVA”) as a result of a Tetanus diphtheria (“Tetanus”) vaccination 

administered on March 22, 2016. Petition at 1. On August 12, 2019, the undersigned 

issued a decision awarding compensation to petitioner based on the parties’ stipulation. 

ECF No. 32. 

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

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, the 

undersigned agrees that the identified material fits within this definition, the undersigned will redact such 

material from public access. Because this unpublished decision contains a reasoned explanation for the 

action in this case, the undersigned is 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).

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

On September 10, 2019, petitioner filed a motion for attorneys’ fees and costs. 

ECF No. 36. Petitioner requests attorneys’ fees in the amount of $8,749.70 and 

attorneys’ costs in the amount of $512.33. Id. at 1. In compliance with General Order 

#9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket 

expenses. ECF No. 36-3. Thus, the total amount requested is $9,262.03.

 

On September 13, 2019, respondent filed a response to petitioner’s motion. ECF 

No. 37. Respondent argues that “[n]either the Vaccine Act nor Vaccine Rule 13 

requires respondent to file a response to a request by a petitioner for an award of 

attorneys’ fees and costs.” Id. at 1. Respondent adds, however, that he “is satisfied the 

statutory requirements for an award of attorneys’ fees and costs are met in this case.” 

Id. at 2. Respondent “respectfully requests that the Court exercise its discretion and 

determine a reasonable award for attorneys’ fees and costs.” Id. at 3. 

On September 13, 2019, petitioner filed a reply. ECF No. 38. “[T]he fees and 

costs incurred by Petitioner are reasonable and should be awarded without reduction.” 

Id. at 2. 

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

request. In the undersigned’s experience, the request appears reasonable, and the 

undersigned finds no cause to reduce the requested hours or rates. 

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

15(e). Based on the reasonableness of petitioner’s request, the undersigned GRANTS

petitioner’s motion for attorneys’ fees and costs. 

Accordingly, the undersigned awards the total of $9,262.033 as a lump sum 

in the form of a check jointly payable to petitioner and petitioner’s counsel 

Danielle Anne Strait. Petitioner requests check be forwarded to Maglio 

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

The clerk of the court shall enter judgment in accordance herewith.4

 

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 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.
3

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master