In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-1526V

Filed: January 23, 2018

UNPUBLISHED

JANICE CREIGHTON,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Attorneys’ Fees and Costs

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.

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

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master:

On November 16, 2016, 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 alleged that she suffered a shoulder injury related to vaccine

administration (“SIRVA”) following her November 18, 2015 influenza (“flu”) vaccination. 

Petition at 1. On October 31, 2017, the undersigned issued a decision awarding 

compensation to petitioner based on the respondent’s proffer. (ECF No. 33.) 

On December 18, 2017, petitioner filed a motion for attorneys’ fees and costs. 

(ECF No. 37.) Petitioner requests attorneys’ fees in the amount of $14,182.00 and 

attorneys’ costs in the amount of $723.67. (Id. at ¶ 4.) In accordance with General 

 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket 

expenses. (Id.) Thus, the total amount requested is $14,905.67. 

On January 2, 2018, respondent filed a response to petitioner’s motion. (ECF 

No. 38.) Respondent argues that “[n]either the Vaccine Act nor Vaccine Rule 13 

contemplates any role for respondent in the resolution of 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 recommends that the Chief Special 

Master exercise her discretion and determine a reasonable award for attorneys’ fees 

and costs.” (Id. at 3.) 

Petitioner has filed no reply. 

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 total requested hours. However, upon review 

of the distribution hours billed by petitioner’s counsel the undersigned has found that the 

amount of hours listed as expended by petitioner’s counsel in the application do not 

match the time as provided in the time records and will need to be adjusted accordingly.

Time records submitted show petitioner’s counsel, Paul R. Brazil, expended 3.9 hours 

at a rate of $255.00; 12.9 hours at a rate of $275.00; 16.7 hours at a rate of $300.00 an 

hour. Attorney C. Clark Hodgson, III expended 6.3 hours at a rate of $225.00 an hour. 

The total fees for Mr. Brazil and Mr. Hodgson is $10,969.50. Paralegals billed a 

combined 25.6 hours at an hourly rate of $125.00 for a total fee of $3,200.00. Total 

attorney’s fees equal $14,169.50, a reduction of $12.50.

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. However, due to 

attorney C. Clark Hodgson, III‘s inexperience in the Vaccine Program, the undersigned 

does find cause to reduce his hourly rate from the requested $225.00 an hour to 

$200.00 an hour. Therefore, attorneys’ fees are reduced by $157.50 for a total of 

$14,012.00. The full amount of costs sought, $723.67, is awarded. 

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 $14,735.673 as a lump 

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

Paul R. Brazil.

 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. 
3

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

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

 

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.