In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18-1475V 

(not to be published)

JUDITH DAY, 

 Petitioner,

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran

Filed: September 22, 2020

Special Processing Unit (SPU); 

Attorney’s Fees and Costs

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for 

Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS1

On September 26, 2018, Judith Day 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 as a result of an influenza vaccine administered on October 29, 2016. 

(Petition at 1). On August 12, 2020, a decision was issued awarding compensation to 

Petitioner based on the parties’ stipulation. (ECF No. 33). 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic 

Government Services). 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, 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).

Corrected
2

Petitioner has now filed a motion for attorney’s fees and costs, dated August 28, 

2020, (ECF No. 37), requesting a total award of $13,839.60 (representing $13,354.20 in 

fees and $485.40 in costs)3. In accordance with General Order #9, counsel for Petitioner

represents that Petitioner incurred no out-of-pocket expenses. (Id. at 2). Respondent 

reacted to the motion on August 28, 2020 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. Petitioner did not file a 

reply thereafter. 

I have reviewed the billing records submitted with Petitioner’s request. In my 

experience, the request appears reasonable, and I find no cause 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 $13,839.60 (representing $13,354.20 in fees and $485.40 in costs) as a 

lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel. 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.4

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3 Petitioner’s motion contained a typographical error at page 2 stating the amount of attorney’s fees totaled 

$13,345.20. The correct amount of attorney’s fees incurred in this matter was $13,354.20. (ECF No. 37 at 

11). 

4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice 

renouncing their right to seek review.