In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

STEVE H. MITCHELL, * No. 14-401V 

 * Special Master Christian J. Moran 

 Petitioner, * 

 * 

v. * 

 * Filed: August 9, 2016

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

 * Attorneys’ fees and costs

 Respondent. * 

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

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

petitioner;

Jennifer L. Reynaud, United States Dep’t of Justice, Washington, DC, for 

respondent.

UNPUBLISHED DECISION ON ATTORNEYS’ FEES AND COSTS 1

 

Petitioner Steve H. Mitchell filed his application for attorneys’ fees and 

costs on July 18, 2016. The Secretary objected to the amount Mr. Mitchell

requested. Mr. Mitchell is awarded $32,891.75. 

Steve H. Mitchell alleged that he had an adverse reaction, including 

peripheral polyneuropathy, resulting from the receipt of the tetanus vaccine 

administered to him on May 21, 2012. The undersigned issued a decision on the 

record denying compensation. Decision, issued Dec. 21, 2015, 2015 WL

11256038. Even though compensation was denied, a petitioner who brings his

petition in good faith and who has a reasonable basis for the petition may be 

awarded attorneys’ fees and costs. See 42 U.S.C. § 300aa–15(e)(1). Here, counsel 

 

1 The E-Government Act, 44 U.S.C. § 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 

for petitioner gathered and filed medical records, consulted an expert, and moved 

for a decision on the record when further investigation revealed that petitioner was 

unlikely to prove his case. Thus, because petitioner’s counsel acted in good faith 

and because there was a reasonable basis for proceeding, petitioner is eligible for 

an award of attorneys’ fees and costs. Respondent does not contend that petitioner 

failed to satisfy these criteria.

 

The Secretary objected to the amount Mr. Mitchell requested. She stated 

that a suitable amount is between $25,000.00 to $28,000.00. The Secretary further 

suggested that the undersigned make a determination as to the amount of an award 

within that range. See Resp’t’s Resp. at 3. 

Because the Secretary provided no explanation for how she determined the 

range, the Secretary’s representation carries relatively little weight. The attorney’s 

timesheets are sufficiently detailed that his activities are understandable. While 

there might be some quibbles over specific entries, the Secretary did not make any 

specific objections. Overall, the amount of time is reasonable. 

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

§15(e). The undersigned finds $32,891.75 to be a reasonable amount for all 

attorneys’ fees and costs incurred. In compliance with General Order No. 9, 

petitioner states that he did not incur any out-of-pocket litigation expenses while 

pursuing this claim. The undersigned GRANTS Mr. Mitchell’s motion and 

awards $32,891.75 in attorneys’ fees and costs. This shall be paid as follows: 

A lump sum payment of $32,891.75, in the form of a check made 

payable jointly to petitioner and petitioner’s attorney, Diana L. Sedar, 

of Maglio Christopher & 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. 

Any questions may be directed to my law clerk, Shannon Proctor, at 

(202) 357-6360. 

IT IS SO ORDERED. 

 s/Christian J. Moran

Christian J. Moran

 Special Master