In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No.20-1090V 

(not to be published)

AMY BANDOLIK,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran

Filed: March 28, 2022

Special Processing Unit (SPU); 

Attorney’s Fees and Costs

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.

Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS1

On August 28, 2020, Amy Bandolik 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 left shoulder injury related to vaccine 

administration, resulting from the adverse effects of an influenza vaccine received on 

October 28, 2018. (Petition at 1). On November 30, 2021, a decision was issued awarding 

compensation to Petitioner based on the Respondent’s proffer. (ECF No. 24). 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

2022 (ECF No. 30), requesting a total award of $14,764.26 (representing $13,959.50 in 

fees and $804.76 in costs). In addition, in accordance with General Order No. 9, Petitioner

filed a signed statement indicating that she incurred no out-of-pocket expenses. (ECF No. 

30-3). Respondent reacted to the motion on February 3, 2022, indicating that he is 

satisfied that the statutory requirements for an award of attorney’s fees and costs are met 

in this case, but deferring resolution of the amount to be awarded to my discretion. (ECF 

No. 31). Petitioner did not file a reply thereafter.

I have reviewed the billing records submitted with Petitioner’s requests and find a 

reduction in the amount of fees to be awarded appropriate, for the reason listed below. 

ANALYSIS

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

15(e). Counsel must submit fee requests that include contemporaneous and specific 

billing records indicating the service performed, the number of hours expended on the 

service, and the name of the person performing the service. See Savin v. Sec’y of Health 

& Hum. Servs., 85 Fed. Cl. 313, 316-18 (2008). Counsel should not include in their fee 

requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton v. 

Sec’y of Health & Hum. Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993) (quoting Hensley v. 

Eckerhart, 461 U.S. 424, 434 (1983)). It is “well within the special master’s discretion to 

reduce the hours to a number that, in [her] experience and judgment, [is] reasonable for 

the work done.” Id. at 1522. Furthermore, the special master may reduce a fee request 

sua sponte, apart from objections raised by respondent and without providing a petitioner 

notice and opportunity to respond. See Sabella v. Sec’y of Health & Hum. Servs., 86 Fed. 

Cl. 201, 209 (2009). A special master need not engage in a line-by-line analysis of 

petitioner’s fee application when reducing fees. Broekelschen v. Sec’y of Health & Hum.

Servs., 102 Fed. Cl. 719, 729 (2011).

The petitioner “bears the burden of establishing the hours expended, the rates 

charged, and the expenses incurred.” Wasson v. Sec’y of Health & Hum. Servs., 24 Cl. 

Ct. 482, 484 (1991). The Petitioner “should present adequate proof [of the attorney’s fees 

and costs sought] at the time of the submission.” Wasson, 24 Cl. Ct. at 484 n.1. 

Petitioner’s counsel “should make a good faith effort to exclude from a fee request hours 

that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private 

practice ethically is obligated to exclude such hours from his fee submission.” Hensley, 

461 U.S. at 434.
3

ATTORNEY FEES

Petitioner requests compensation for attorney Jimmy Zgheib and fellow attorneys

at the following rates: 

2018 2019 2020 2021 2022

Jimmy Zgheib 

$238 $243 $275 $300 $330

AnnMarie 

Sayad 

X $243 X X $330

Jennifer Sayad 

X X $320 X X

(ECF No. 30-1 at 10-11). All three of these attorneys have previously been awarded the 

requested rates for time billed between 2018-21. See Tatro v. Sec’y of Health & Hum.

Servs., No. 18-1013V, 2021 WL 3743818 (Fed. Cl. Spec. Mstr. Jul 26, 2021). The 

requested rates for time billed between 2018-21 are otherwise reasonable and consistent 

with what has previously been awarded for work these attorneys have performed for other 

petitioners. 

For time billed in 2022, the requested increases for Mr. Zgheib and AnnMarie 

Sayad are appropriate and will be awarded. Petitioner also requests an increased 

paralegal rate for both Mr. Zgheib and AnnMarie Sayad at the rate of $181 per hour for 

time billed in 2022. But the requested rate exceeds the Vaccine Program’s published 

range for paralegals in 2022.

3 I shall therefore reduce the requested paralegal rates to 

$177 per hour, the highest amount allowed for a paralegal. This reduced the fees to be 

awarded by the amount of $0.40.

4

ATTORNEY COSTS

Petitioner requests $804.76 in overall costs. (ECF No. 30-2 at 2). This amount is 

comprised of obtaining medical records, shipping costs and the Court’s filing fee. I have 

reviewed all of the requested costs and find them to be reasonable, and shall therefore 

award them in full. 

3 These rates are derived from the application of the OSM Attorneys’ Forum Hourly Rate Schedules and 

are available on the U.S. Court of Federal Claims website at www.cofc.uscourts.gov/node/2914. 

4 This amount consists of $181 - $177 - $4 x 0.10 hrs = $0.40. 
4

CONCLUSION

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 $14,763.86 (representing $13,959.10 in fees and $804.76 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.5

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

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

renouncing their right to seek review.