In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

Filed: September 11, 2020

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

KEITH MCCARVILLE, * UNPUBLISHED

*

Petitioner, * No. 18-424V

* Special Master Gowen

v. *

 * Attorneys’ Fees and Costs

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, *

 *

 Respondent. *

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

Bridget C. McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Ryan D. Pyles, United States Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

On May 5, 2020, Keith McCarville (“Petitioner”) filed a motion for attorneys’ fees and 

costs. Petitioner’s Motion for Attorney Fees (“Fees App.”) (ECF No. 38). For the reasons 

discussed below, I GRANT Petitioner’s motion for attorneys’ fees and costs and awards a total of 

$12,579.05.

I. Procedural History

On March 22, 2018, Petitioner filed a petition in the National Vaccine Injury Compensation 

Program.

2 Petitioner alleged that he suffered a shoulder injury related to vaccine administration as 

a result of receiving an influenza vaccine on September 24, 2016. Petition at 1 (ECF No. 1). On 

March 24, 2020, the parties filed a stipulation, which I adopted as my decision awarding 

1

I intend to post this Ruling on the United States Court of Federal Claims' website. This means the ruling 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. Because this unpublished ruling contains a reasoned explanation for the action in this 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).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury 

Act of 1986, Pub L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (“Vaccine 

Act” or “the Act”). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
2

compensation on the same day. (ECF No. 32).

On May 5, 2020, Petitioner filed a motion for attorneys’ fees and costs. Petitioner requests 

compensation for her attorney, Mr. Isaiah Kalinowski, in the total amount of $12,579.05, 

representing $11,819.00 in attorneys’ fees and $760.05 in costs. Fees App. at 2. Pursuant to 

General Order No. 9, Petitioner warrants he has not personally incurred any costs in pursuit of his

claim. Id. Respondent reacted to the fees motion on May 5, 2020, stating that “Respondent is 

satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case.”

Response at 2 (ECF No. 38). Petitioner did not file a reply thereafter.

The matter is now ripe for adjudication.

II. Analysis

Section 15(e) (1) of the Vaccine Act allows for the Special Master to award “reasonable 

attorneys' fees, and other costs.” § 300aa–15(e)(1)(A)–(B). Petitioners are entitled to an award of 

reasonable attorneys' fees and costs if they are entitled to compensation under the Vaccine Act, or, 

even if they are unsuccessful, they are eligible so long as the Special Master finds that the petition 

was filed in good faith and with a reasonable basis. Avera v. Sec'y of Health & Human Servs., 515 

F.3d 1343, 1352 (Fed. Cir. 2008). Here, because Petitioner was awarded compensation pursuant 

to a stipulation, he is entitled to a final award of reasonable attorneys’ fees and costs.

Petitioners “bea[r] the burden of establishing the hours expended, the rates charged, and 

the expenses incurred” are reasonable. Wasson v. Sec'y of Health & Human Servs., 24 Cl. Ct. 482, 

484 (1993). Adequate proof of the claimed fees and costs should be presented when the motion is 

filed. Id. at 484 n. 1. The special master has the discretion to reduce awards sua sponte, independent 

of enumerated objections from the respondent. Sabella v. Sec'y of Health & Human Servs., 86 Fed. 

Cl. 201, 208–09 (Fed. Cl. 2009); Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (Fed. 

Cl. 2008), aff'd No. 99–537V, 2008 WL 2066611 (Fed. Cl. Spec. Mstr. Apr. 22, 2008).

a. Attorneys’ Fees

Petitioner requests the following rates for the work of his counsel: for Ms. Bridget 

McCullough, $225.00 per hour for work performed in 2018 and 2019, and $250.00 per hour for 

work performed in 2020; for Mr. Max Muller, $300.00 per hour for work performed in 2017, 

$317.00 per hour for work performed in 2018, and $325.00 per hour for work performed in 2019; 

and for Ms. Amy Senerth, $225.00 per hour for work performed in 2017. These rates are consistent 

with what counsel at Muller Brazil, LLP have previously been awarded for their Vaccine Program 

work, and I find them to be reasonable for the work performed in this case as well.

Turning next to review of the submitted billing statement, I find that the overall hours spent 

on this matter appear to be reasonable. The entries are reasonable and accurately describe the work 

being performed and the length of time it took to perform each task. Respondent also has not 

identified any particular entries as being objectionable. Therefore, Petitioner is entitled to final 

attorneys’ fees of $11,819.00.
3

b. Attorneys’ Costs

Like attorneys’ fees, a request for reimbursement of costs must be reasonable. Perreira v. 

Sec’y of Health & Human Servs., 27 Fed. Cl. 29, 34 (Fed. Cl. 1992). Petitioner requests total 

attorneys’ costs in the amount of $760.05. This amount is comprised of acquiring medical records, 

postage, and the Court’s filing fee. Petitioner has provided adequate supporting documentation for 

all the costs, and they appear to be reasonable upon review. Accordingly, Petitioner is awarded the 

full amount of attorneys’ costs sought.

III. Conclusion

In accordance with the foregoing, Petitioner’s motion for attorneys’ fees and costs is 

GRANTED. I find that Petitioner is entitled to a reimbursement of attorneys’ fees and costs as 

follows:

Attorneys’ Fees Requested $11,819.00

(Reduction of Fees) -

Total Attorneys’ Fees Awarded $11,819.00

Attorneys’ Costs Requested $760.05

(Reduction of Costs) -

Total Attorneys’ Costs Awarded $760.05

Total Attorneys’ Fees and Costs $12,579.05

Accordingly, I award a lump sum in the amount of $12,579.05, representing 

reimbursement for Petitioner’s attorneys’ fees and costs, in the form of a check payable to 

Petitioner and his attorney, Ms. Bridget McCullough.

3

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the 

court shall enter judgment in accordance herewith.4

IT IS SO ORDERED.

/s/Thomas L. Gowen

 Thomas L. Gowen

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,” and fees for legal services rendered. Furthermore, Section 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 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. Vaccine 

Rule 11(a).