In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 15-0037V 

Filed: November 23, 2015 

UNPUBLISHED 

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

PATRICIA LYNNE SPILMAN, * 

 * 

 Petitioner, * 

 v. * 

 * Attorneys’ Fees and Costs; Stipulation; 

SECRETARY OF HEALTH * Special Processing Unit (“SPU”) 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. 

Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master: 

 

 On January 12, 2015, 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 sustained shoulder injuries, including rotator 

cuff tear, tendinosis, and fluid collection as a result of a tetanus vaccine she received on 

April 6, 2015. Petition at 1, 3. On November 16, 2015, the undersigned issued a 

decision awarding compensation to petitioner based on respondent’s Proffer. 

 On November 20, 2015, the parties filed a Stipulation of Facts Regarding Final 

Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an 

award of $14,000.00. In accordance with General Order #9, petitioner’s counsel 

represents that petitioner incurred no out-of-pocket expenses. 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended 

at 44 U.S.C. § 3501 note (2006)). 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 

 The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 

U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the 

lack of any objection by respondent, the undersigned GRANTS the request for approval 

and payment of attorneys’ fees and costs. 

Accordingly, the undersigned awards the total of $14,000.00,3 as a lump 

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

Paul R. Brazil, of the law firm Muller Brazil, LLP. 

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

IT IS SO ORDERED. 

s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master 

 

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, 42 U.S.C. § 300aa-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, HHS, 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.