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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-386V 

Filed: November 15, 2016

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

AZELL VICKERS as Administrator *

and Legal Representative of the Estate *

of Markelle D. Vickers, deceased, * Attorney’s Fees and Costs; 

 * Amount Requested To Which 

 Petitioner, * Respondent Does Not Object.

v. * 

 * 

 * 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, *

 * 

 Respondent. *

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

Ramon Rodriguez, III, Esq., Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner. 

Ryan Pyles, Esq., US Department of Justice, Washington, DC, for respondent. 

DECISION ON ATTORNEY’S FEES AND COSTS1

Roth, Special Master: 

Markelle Vickers (“Mr. Vickers”) filed a petition for compensation under the National 

Vaccine Injury Compensation Program2on May 6, 2014. After his death, Azell Vickers (“Ms. 

Vickers” or “petitioner”) was substituted as petitioner. Petitioner alleges that Mr. Vickers 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I 

intend to post this decision on the United States Court of Federal Claims' website, in accordance 

with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified 

as amended at 44 U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), a party 

has 14 days to identify and move to delete medical or other information, that satisfies the criteria 

in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for 

redaction must include a proposed redacted decision. If, upon review, I agree that the identified 

material fits within the requirements of that provision, I will delete 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).
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developed necrotizing myopathy and related sequelae and ultimately died after receiving a 

diphtheria-tetanus-acellular pertussis (“DTaP”) and/or a Hepatitis A (“Hep. A”) vaccine on or 

about May 6, 2011. On May 6, 2016, I issued a decision awarding compensation to petitioner 

based on the parties’ stipulation. Decision, issued May 6, 2016, ECF No. 42. 

 On November 2, 2016, petitioner filed an unopposed motion for attorneys’ fees and costs. 

ECF No. 47.3 Petitioner requests attorneys’ fees in the amount of $38,204.17,

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attorneys’ costs 

in the amount of $11,785.83, and petitioner’s out-of-pocket costs in the amount of $2,077.44, for 

a total amount of $52,067.44. Id. at 4-5, 9. In accordance with General Order #9, petitioner’s 

counsel represents that petitioner incurred $2,077.44 in out-of-pocket expenses. Pet. Ex. 22. 

 The Vaccine Act permits an award of reasonable attorneys’ fees and costs. § 15(e). 

Based on the reasonableness of petitioner’s request and the lack of opposition from respondent, 

the undersigned GRANTS petitioner’s motion for attorneys’ fees and costs. 

Accordingly, the undersigned awards the total of $52,067.445 as follows:

 A lump sum of $49,990.00, representing reimbursement for attorneys’ fees 

and costs, in the form of a check payable jointly to petitioner, Azell Vickers, 

and petitioner’s counsel, Ramon Rodriguez III; and

 A lump sum of $2,077.44, representing reimbursement for petitioner’s costs, 

in the form of a check payable to petitioner, Azell Vickers. 

 

3 The motion was filed as an unopposed motion. Petitioner’s counsel provided respondent’s 

counsel with a draft of petitioner’s request for fees and costs and, after conferring with 

respondent’s counsel, decreased the amount requested before filing his formal motion for fees 

and costs. Respondent’s counsel advised petitioner’s counsel that he had no opposition to 

petitioner’s request for fees and costs. See Motion, ECF No. 47, p. 9. My chambers confirmed 

with respondent’s counsel that he did not object to the amount requested, though respondent’s 

lack of objection is not construed as an admission, concession, or waiver as to the hourly rates 

requested, the number of hours billed, or other costs related to litigation. 

4 Petitioner’s counsel stated that he reduced the total sum requested for attorney’s fees and costs 

following conversation with respondent’s counsel. The reduced figure, found at page 9 of the 

Motion, does not separate attorney’s fees from attorney’s costs. To arrive at a total of $38,204.17 

for attorney’s fees, I subtracted the costs incurred by both petitioner and her counsel (found in 

the General Order #9 Statement, Pet. Ex. 22) from the total requested by counsel. I have made 

no determination as to counsel’s hourly rate in this matter; I merely conclude that the total sums 

requested seem reasonable and appropriate.

5 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). 
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 The clerk of the court shall enter judgment in accordance herewith.6

IT IS SO ORDERED. 

 

s/ Mindy Michaels Roth 

 Mindy Michaels Roth 

 Special Master 

 

 

6 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.