In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19-160V 

(not to be published)

BARBARA MILLER, 

 Petitioner,

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran

Filed: September 3, 2020

Special Processing Unit (SPU); 

Attorney’s Fees and Costs

Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.

Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS1

On January 30, 2019, Barbara Miller (“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 alleges that she suffered shoulder injuries resulting from 

adverse effects of a pneumococcal conjugate 13 (PCV-13) vaccination she received on 

October 7, 2016. (Petition at 1). On June 19, 2020, a decision was issued awarding 

compensation to Petitioner based on the parties’ stipulation. (ECF No. 29). 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

 CORRECTED
2

Petitioner has now filed a motion for attorney’s fees and costs, dated August 5,

2020 (ECF No. 34), requesting a total award of $37,129.84 (representing $35,980.00 in 

fees and $1,149.84 in costs). In accordance with General Order No. 9, Petitioner filed a 

signed statement indicating that she incurred no out-of-pocket expenses. (ECF No. 34-

3). Respondent reacted to the motion on August 5, 2020, indicating that he is satisfied 

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

case and defers to my discretion to determine the amount to be awarded (ECF No. 35). 

Petitioner filed a reply requesting that the court award Petitioner all fees and costs 

requested in Petitioner’s application. (ECF No. 36). 

I have reviewed the billing records submitted with Petitioner’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 $37,129.84 (representing $35,980.00 in fees and $1,149.84 in costs) as 

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

Petitioner requests, the check should be forwarded to Maglio, Christopher & Toale, 

PA, 1605 Main Street, Suite 710, Sarasota Florida 34236. In the absence of a timelyfiled 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.