# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 19

- 160 V (not to be published)

BARBARA MILLER

,

Petitioner,

v.

S ECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

F iled: September 3, 2020

Special Processing Unit (SPU); Attorney’s Fees and Costs

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

M ollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for R espondent.

DE CISION ON ATTORNEY ’S FEES AND COSTS 1

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 s he suffe red 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 P etitioner based on the parties’ stipulation

. (ECF No. 29 ).

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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

### C ORRECTED2 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 s he 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 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 $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 forwarde d to Maglio, Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota Florida 34236. 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 R ule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.