In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: December 3, 2021

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

SABRINA CHAPPELL-STRICKLAND, * UNPUBLISHED

*

Petitioner, * No. 18-396V

* 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.

Darryl R. Wishard, United States Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

On September 20, 2021, Sabrina Chappell-Strickland (“Petitioner”) filed a motion for 

attorneys’ fees and costs. Motion for Attorney Fees and Costs (“Fees App.”) (ECF No. 91). For 

the reasons discussed below, I GRANT Petitioner’s motion for attorneys’ fees and costs and award 

a total of $49,548.07.

I. Procedural History

On March 15, 2018, Petitioner filed a petition for compensation under the National Vaccine 

Injury Program.2 Petition at Preamble. (ECF No. 1). Petitioner alleges that as a result of receiving 

measles-mumps-rubella vaccination on May 23, 2016, she suffered a right shoulder injury. 

Stipulation ¶ 4. On March 30, 2021, the parties filed a stipulation, which I adopted as my decision 

awarding compensation on the same day. (ECF No. 85).

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 Because this unpublished ruling contains a reasoned explanation for the action in this 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

On September 20, 2021, Petitioner filed a motion for final attorneys’ fees and costs. 

Petitioner requests compensation in the total amount of $49,548.07, representing $34,314.80 in 

attorneys’ fees and $15,233.27 in costs. Fees App. at 2. Pursuant to General Order No. 9, Petitioner 

warrants she did not personally incur costs in pursuit of her claim. (ECF No. 90). Respondent filed 

his response on September 20, 2021, 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. 92). Petitioner did not file a reply thereafter.

The matter is now ripe for adjudication.

II. Analysis

Under the Vaccine Act, the special master may award reasonable attorneys' fees and costs 

for a petition that does not result in an award of compensation but was filed in good faith and 

supported by a reasonable basis. § 300aa–15(e)(1). Here, because Petitioner was awarded 

compensation pursuant to a stipulation, she is entitled to a reasonable award of final 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 her counsel, Ms. Bridget 

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

performed in 2020, and $275.00 per hour for work performed in 2021. These rates are consistent 

with what Ms. McCullough has previously been awarded for her Vaccine Program work, and I 

find them reasonable for work performed in the instant 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 $34,314.80.

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 $15,233.27. This amount is comprised of acquiring medical 

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3

records, postage, the Court’s filing fee, and work performed by Petitioner’s medical expert, Dr. 

Joseph Wilson and Dr. M. Eric Gershwin. Fees App. at 23. All of these costs are typical of Vaccine 

Program litigation, are reasonable in my experience, and have been supported by Petitioner with 

adequate documentation. Accordingly, Petitioner is awarded the full amount of costs requested.

III. Conclusion

Accordingly, I award a lump sum in the amount of $49,548.07, representing 

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

Petitioner and her 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).

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