# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1587 V (not to be published)

SHARON ROGALEWSKI

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: August 27, 2021

Special Processing Unit (SPU);

Attorney’s Fees and Costs

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA , for P etitioner.

Terrence Kevin Mangan, Jr , U.S. Department of Justice, Washington, DC, for

R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On October 11, 2019

, Sharon Rogalewski 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 a right shoulder injury related to

vaccine administration as a result of an influenza vaccine she received on Septe mber 25,

2018

. ( Petition at 1 )

. On July 14, 2021

, a decision was issued awarding compensation to

P etitioner based on the parties’ stipulation

. (ECF No. 27 )

.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the D ecision will be available to anyone with access to the

internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify a nd 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 subpara graph of 42 U.S.C. § 300aa (2012 ).2 Petitioner has now filed a motion for attorney’s fees and costs, dated August 5,

2021 (ECF No. 31 ) , requesting a total award of $ 10,297.20 (representing $ 9,804.50 in

fees and $ 492.70 in costs). In accordance with General Order No. 9, counsel for Petitioner

represents that Petitioner incurred no out

- of

- pocket expenses. ( Id. at 2). Respondent did

not file a response.

I have reviewed the billing records submitted with P etitioner’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 $ 10,297.20 (representing $ 9,804.50 in fees and $ 492.70 in costs) as a

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

. In

the absence of a timely

- filed 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.