In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-1936V 

(not to be published)

MELODY CHESLEY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran

Filed: February 6, 2020

Special Processing Unit (SPU); 

Attorney’s Fees and Costs

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

Petitioner.

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS1

On December 13, 2017, Melody Chesley 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 she suffered a Shoulder Injury Related 

to Vaccine Administration (“SIRVA”), resulting from the tetanus-diphtheria-acellular 

pertussis (“Tdap”) vaccination she received on January 6, 2017. (Petition at 1). On June 

 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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).
2

5, 2019, a decision was issued awarding compensation to Petitioner based on the 

Respondent’s proffer. (ECF No. 35). 

Petitioner has now filed a motion for attorney’s fees and costs, dated January 7, 

2020 (ECF No. 39), requesting an award of $31,122.62 (representing $27,804.30 in fees 

and $3,318.32 in costs). In accordance with General Order #9 Petitioner filed a signed 

statement that she has incurred out-of-pocket expenses in the amount of $617.50. (ECF 

No. 40-1). Respondent reacted to the motion on January 21, 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.

(ECF No. 41). 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. 

Accordingly, petitioner is awarded the total amount of $31,740.123 as 

follows:

• A lump sum of $31,122.62, representing reimbursement for 

attorneys’ fees and costs, in the form of a check payable jointly to 

Petitioner and Petitioner’s counsel and

• A lump sum of $617.50, representing reimbursement for Petitioner’s 

costs, in the form of a check payable to petitioner.

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

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

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 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.