In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1592V 

(not to be published)

LISA SINKO,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran

Filed: April 30, 2020

Special Processing Unit (SPU); 

Attorney’s Fees and Costs

Scott William Rooney, Nemes Rooney, P.C., Farmington, Hills, MI, for Petitioner.

Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS1

On October 15, 2018, Lisa Sinko 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 injury related to vaccine 

administration as the result of an influenza vaccine she received. (Petition at 1). On March 

26, 2020, a decision was issued awarding compensation to Petitioner based on the 

parties’ stipulation. (ECF No. 34). 

 1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 24, 

2020 (ECF No. 30), requesting a total award of $8,434.73 (representing $8,028.50 in fees 

and $406.23 in costs). In accordance with General Order #9, counsel for Petitioner

represents that Petitioner has incurred out-of-pocket expenses in the amount of $96.67. 

(Id. at 2).

3 Respondent reacted to the motion on February 25, 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 the Court’s discretion to determine the amount to be awarded.

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

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 

& Human 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 & Human 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 & Human 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 & Human 

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 & Human Servs., 24 Cl. 

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

fees and costs sought] at the time of the submission.” Id. 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.

ATTORNEY FEES

 3 Counsel for Petitioner included copies of checks written by Petitioner for medical records filed in this 

case. (ECF No. 30 at 12 – 13). 
3

Petitioner requests the following rates of compensation for the work of his attorney 

Mr. Scott Rooney at $350 an hour for time billed from 2018 – 2019. (ECF No. 30 at 2). 

The rates requested are consistent with what has been previously awarded to Mr. Rooney 

for his work in the Vaccine Program. Accordingly, no adjustment to these requested rates 

is necessary. For time billed in 2020, Mr. Rooney is requesting the increased rate of $380

per hour. Mr. Rooney has not requested for an hourly rate increase since 2018. Due to 

this fact and based on my experience (which takes into account the high quality of work 

performed by present counsel), I find the requested increase for time billed in 2020 to be 

reasonable and award it herein. 

ATTORNEY COSTS

Petitioner requests $406.23 in costs incurred by Mr. Rooney, and $96.67 in 

personally incurred costs. (ECF No. 30). This amount includes costs associated with

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

requested costs and find them to be reasonable, and therefore award the requested 

amount in full.

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 fees and costs as 

follows: 

• A lump sum of $8,434.73, representing reimbursement for attorney’s 

fees and costs, in the form of a check payable jointly to Petitioner 

and Petitioner’s counsel and;

• A lump sum of $96.67, representing reimbursement for Petitioner’s 

costs, in the form of a check payable to Petitioner.

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.4

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

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

renouncing their right to seek review.