In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1206V 

(not to be published)

MARCIA ROBY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran

Filed: December 13, 2021

Special Processing Unit (SPU); 

Attorney’s Fees and Costs

Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for 

Petitioner.

Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS1

On September 15, 2020, Marcia Roby (“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 Guillain-Barre 

Syndrome as a result of an influenza vaccine administered on October 24, 2018 (Petition 

at 1). On September 3, 2021, a decision was issued awarding compensation to Petitioner 

based on the Respondent’s proffer. (ECF No. 29).

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

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

11, 2021, (ECF No. 34), requesting a total award of $57,439.99 (representing $56,706.20

in fees and $733.79 in costs). In accordance with General Order No. 9, Petitioner filed a 

signed statement indicating that Petitioner incurred no out-of-pocket expenses. (ECF No. 

34-3). Respondent reacted to the motion on November 29, 2021, 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 resolution of the amount to be awarded to my discretion. (ECF 

No. 35). Petitioner filed a reply on November 30, 2021, requesting that the Court award 

all fees and costs requested in Petitioner’s application. (ECF No. 36). 

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. 

The Vaccine Act permits an award of reasonable attorney’s fees and costs. Section

15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I 

award a total of $57,439.99 (representing $56,706.20 in fees and $733.79 in costs) as a 

lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel. Per 

Petitioner’s request, the check should be forwarded to Maglio, Christopher & Toale, 

PA, 1605 Main Street, Suite 710, Sarasota Florida 34236. In the absence of a timelyfiled motion for review (see Appendix B to the Rules of the Court), the Clerk shall enter 

judgment in accordance with this decision.3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice 

renouncing their right to seek review.