In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-1218V 

Filed: September 19, 2018

UNPUBLISHED

KELLI STRICKLIN, 

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Attorneys’ Fees and Costs

Jenifer Marie Placzek, Placzek, Winget & Placzek, Springfield, MO, 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 September 8, 2017, 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”) following receipt of her September 23, 2015 influenza 

vaccination. Petition at 1. On July 10, 2018, the undersigned issued a decision 

awarding compensation to petitioner based on the respondent’s proffer. (ECF No. 28.) 

On August 21, 2018, petitioner filed a motion for attorneys’ fees and costs. (ECF 

No. 30). Petitioner requests attorneys’ fees in the amount of $7,860.00 and attorneys’ 

costs in the amount of $1,382.60. Id. at 1. In compliance with General Order #9, 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 filed a signed statement indicating that petitioner incurred no out-of-pocket 

expenses. (ECF No. 31). Thus, the total amount requested is $9,242.60. 

Respondent has not filed a response. 

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, with the following 

exception. 

Petitioner’s counsel, Jenifer Placzek, billed at a rate of $300 per hour for work 

performed from 2016 – 2018. Paralegal, Tracy Dougan, billed at a rate of $150 per hour 

for work performed from 2016 – 2018. The undersigned finds the rate of $300 per hour 

for Ms. Placzek reasonable and awards it herein. The undersigned finds the rate of 

$150 per hour reasonable for work performed in 2018. However, the undersigned finds 

it necessary to reduce the 2016 and 2017 hourly rates for Ms. Dougan as they exceed 

the rates for paralegals based on the OSM Attorney’s Forum Hourly Rate Fee 

Schedule.3 The undersigned reduced Ms. Dougan’s rates to the following: $145 per 

hour for work performed in 2016 and $148 per hour for work performed in 2017. This 

reduces the overall request for attorney’s fees in the amount of $49.00.

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 IN PART petitioner’s motion for attorneys’ fees and costs. 

Accordingly, the undersigned awards the total of $9,193.604 as a lump sum 

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

Marie Placzek. 

 The clerk of the court shall enter judgment in accordance herewith.5

IT IS SO ORDERED.

s/Nora Beth Dorsey

 Nora Beth Dorsey

 Chief Special Master

 

3 The Fee Schedule for 2015 - 2018 can be accessed at http://www.cofc.uscourts.gov/node/2914

4 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).

5 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.