# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 20

- 0590 V (not to be published)

DAVID VAUGHN

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: March 17, 2022

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

LeeAnne Pedrick, Maglio Christopher & Toale, PA, Washington, DC , for P etitioner.

Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On May 12, 2020

, David Vaughn 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 he experienced brachial neuritis after receiving a Tdap vaccination in his left arm on June 21, 2017

. ( Petition at ¶¶ 3, 8 )

. On December 7,

2021

, a decision was issued awarding compensation to P etitioner based on the Respondent’s proffer

. (ECF No. 35 )

.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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).2 Petitioner has now filed a motion for attorney’s fees and costs, dated February 3,

2022 (ECF No. 41 )

, requesting a total award of $ 38,118.38 (representing $ 36,973.00 in fees and $ 1,145.38 in costs). In accordance with General Order No. 9, Petitioner filed a signed statement indicating that he incurred no out

- of

- pocket expenses. (ECF No. 41

- 2 )

. Respondent reacted to the motion on February 16, 2022 , indicating that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this

case

, but deferring resolution of the amount to be awarded at the Court ’ s discretion

. (ECF

No. 42 ). On February 17, 2022

, P etitioner filed a reply requesting fees and costs be

awarded in full

. (ECF No. 43 )

.

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 $ 38,118.38 (representing $ 36,973.00 in fees and $ 1,145.38 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel

. Petitioner requests check be forwarded to Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Saras ota , Florida, 342 36. 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 Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.