In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

FRANCESCA MICELI, as *

Administratrix of the Estate of * No. 10-131V

MARGUERITE MICELI, *

* Special Master Christian J. Moran

Petitioner, *

* Filed: October 27, 2016

v. *

* Attorneys’ fees and costs; award in

AND HUMAN SERVICES, * the amount to which respondent does

* not object.

Respondent. *

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

F. John Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for petitioner; 

Debra A. Filteau Begley, United States Dep’t of Justice, Washington, DC, for 

respondent. 

UNPUBLISHED DECISION ON FEES AND COSTS1

On September 26, 2016, petitioner moved for attorneys’ fees and costs in the 

above-captioned matter. In subsequent informal discussions, respondent raised 

objections to certain items. Petitioner amended her motion to request 

reimbursement for attorneys’ fees and costs in the amount of $123,500.00, an 

amount to which respondent does not object. The Court awards this amount. 

* * *

 

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

This case was filed over six years ago on March 1, 2010, when Marguerite 

Miceli2filed a petition for compensation alleging that the human papillomavirus 

(“HPV”) vaccines she received on July 10, 2007, and September 14, 2007, caused 

her to suffer systemic lupus erythematosus (“SLE”), Raynaud’s disease, and 

fibromyalgia. Pet. at 1, 3, 5. A fact hearing was held via videoconference on 

December 5, 2011, at which time additional sources of records were identified and,

over several months, obtained and filed. On September 10, 2012, Marguerite died 

prompting the substitution of the current party. While the parties reviewed the 

records filed to date to draft proposed findings of fact, they determined additional 

records were needed and over the next year this task was undertaken.

On March 12, 2015, the undersigned issued Findings of Facts and after 

additional records were filed, petitioner moved for a decision on January 22, 2016. 

Decision, issued Mar. 12, 2015, 2015 WL 1567845. The undersigned issued a 

decision denying compensation to petitioner. Decision, issued Feb. 19, 2016, 2016 

WL 1178074.

* * *

Even though compensation was denied, a petitioner who brings her 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 for 

petitioner gathered and filed medical records, a hearing was held in which the 

undersigned issued findings of facts, and counsel for petitioner then then discussed 

obtaining an expert report with his client. Ultimately, petitioner’s counsel moved 

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

unlikely to prove her 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.

Petitioner seeks a total of $123,500.00 in attorneys’ fees and costs. In 

compliance with General Order No. 9, petitioner states that she advanced no 

monies for reimbursable costs in pursuit of his claim. 

After reviewing the request, the Court awards the following:

 

2 Originally, the petitioner was Marguerite Miceli. However, while the petition was pending, 

Marguerite died. After Marguerite’s death, her sister, Francesca Miceli, became the 

administrator of her estate and became the petitioner. See exhibit 37 and order, filed November 

8, 2012.
3

A lump sum of $123,500.00 in the form of a check made payable 

to petitioner and petitioner’s attorney, F. John Caldwell, Jr., of 

Maglio, Christopher & Toale, 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 shall enter judgment in accordance herewith.3

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master

 

3 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.