In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-1054V 

 Filed: September 7, 2017 

UNPUBLISHED 

DIANA MALICK, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Special Processing Unit (SPU); 

Attorneys’ Fees and Costs 

 

Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner. 

Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master: 

 

 On August 25, 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 an influenza (“flu”) vaccination. On June 29, 2017, 

the undersigned issued a decision awarding compensation to petitioner based on the 

parties’ stipulation. (ECF No. 25.) 

 

 On July 20, 2017, petitioner filed a motion for attorneys’ fees and costs. (ECF 

No. 29.) Petitioner requests attorneys’ fees in the amount of $24,061.00 and attorneys’ 

costs in the amount of $1,036.36. (Id. at 2.) In accordance 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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's counsel represents that petitioner incurred no out-of-pocket expenses. Thus, 

the total amount requested is $25,097.36. 

 

On July 31, 2017, respondent filed a response to petitioner’s motion. (ECF No. 

30.) 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. 

Upon review of the billing records filed in this case, the undersigned finds no 

cause to reduce the number of hours billed. The undersigned notes, however, that Mr. 

Carney billed two hours for travel time on March 11, 2016, at a rate of $275.00 per hour, 

and two hours on March 14, 2017, at a rate of $290.00 per hour, amounting $1,130.00. 

ECF No. 29-1 at 7, 11. As is this Court’s consistent practice, the undersigned reduces 

the hourly rate for these hours by 50%. See, e.g., Hocraffer v. HHS, No. 99-533V, 2011 

WL 3705153, at *24 (noting that “Special masters consistently award compensation for 

travel time at 50% of the billing rate in the Vaccine Program.”). This results in a 

reduction of $565.00. 

 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 petitioner’s motion for attorneys’ fees and costs. 

Accordingly, the undersigned awards the total of $24,532.363 as a lump 

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

Anapol Weiss. 

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

IT IS SO ORDERED. 

s/Nora Beth Dorsey 

 

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. 

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. 
3 

 Nora Beth Dorsey 

 Chief Special Master