# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 0442 V (not to be published)

TIFFANY DAGEN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 14, 2020

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

Bridget Candace McCulloug h , Muller Brazil, LLP, Dresher, PA , for P etitioner.

Christine Mary Becer , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On March 26 , 201 8

, Tiffany Dagen ( “ 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” or “Program”) , alleging that as a result of receiving both an influenza
(“flu”) vaccine and a tetanus diphtheria acellular pertussis (“ Tdap ”) vaccin e to her left

shoulder on February 1, 2017

, s he suffered a shoulder injury related to vaccine
administration (“SIRVA”)

. ( Petition at 1 )

. On November 6 , 2019

, a decision was issued
awarding compensation to Petitioner in the amount of $67,080.14. (ECF N o . 33).

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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

Government 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 o f 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 “§” 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 December

17, 2019

, (ECF No. 37 ) , requesting a total award of $ 9,078.53 (representing $ 7,980.00 in
fees and $ 1,098.53 in costs). In accordance with General Order #9 Petitioner filed a
signed statement that she not incurred no out

- of

- pocket expenses. (ECF No. 36 )

. Respondent reacted to the motion on December 30, 2019 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. On

December 30, 20 19 by email correspo ndence, counsel for Petitioner informed the staff

atto rney ’ s office that Petitioner did not intend to file a reply. Respondent was copied on

all c orrespondence.

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

. §
15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney ’ s fees and costs. I

award a total of $ 9,078.53 (representing $ 7,980.00 in attorney’s fees and $ 1,098.53 in
costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s

counsel

. 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 dec ision. 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.