Bacon v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 22-0599V

ELIZABETH BACON,

Chief Special Master Corcoran Petitioner,

v. Filed: October 9, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.

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

DECISION ON ATTORNEY’S FEES AND COSTS 1 On June 1, 2022, Elizabeth Bacon 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 alleged that she suffered a shoulder injury related to vaccine administration resulting from influenza and tetanus diphtheria acellular pertussis vaccines received on November 11, 2020. Petition, ECF No. 1. On May 30, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 51.

Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $59,426.10 (representing $56,417.00 in fees plus $3,009.10 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed June 24, 2024, ECF No. 55. Furthermore, Petitioner represents that Petitioner incurred no personal out-of-pocket expenses. ECF No. 55-4.

Respondent reacted to the motion on July 8, 2024, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-3, ECF No. 57. Petitioner filed a reply reiterating her request for fees and costs as indicated in the Motion. ECF No. 58. Thereafter, Petitioner filed an amended Motion indicating that Petitioner’s counsel’s office has relocated. ECF No. 59.

I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 55-3. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full.

The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $59,426.10 (representing $56,417.00 in fees plus $3,009.10 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Maglio Christopher and Toale Law. Per Petitioner’s request, the check is to be forwarded to 1515 Ringling Blvd., Suite 700, Sarasota, FL 34236. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master