The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-512V
BROOKE ELLIOTT,
Chief Special Master Corcoran
Petitioner,
v. Filed: April 19, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON ATTORNEY’S FEES AND COSTS 1
On January 11, 2021, Brooke Elliott 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 caused by an influenza vaccine administered on October 8, 2019. Petition,
ECF No. 1. On January 10, 2024, I issued a decision awarding compensation to Petitioner
based on the parties’ stipulation. ECF No. 43.
1
Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of
2002. 44 U.S.C. § 3501 note (2018) (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
inf ormation, 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 f rom 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 ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).
Petitioner has now filed a motion for attorney’s fees and costs, requesting an award
of $35,680.69 (representing $34,584.80 in fees plus $1,095.89 in costs). Application for
Fees and Costs (“Motion”) filed Feb. 28, 2024, ECF No. 47. Furthermore, counsel for
Petitioner represents that Petitioner incurred $10.20 in personal out-of-pocket expenses.
Id. at 2. Respondent did not file a response to Petitioner’s Motion thereafter.
The rates requested for work performed through the end of 2023 are reasonable
and consistent with our prior determinations, and will therefore be adopted. Petitioner has
also requested the hourly rate of $480 per hour for 2024 work performed by Attorney
Danielle Strait, representing an increase of $30; the rate of $355 per hour for 2024 work
performed by Jessica Olins, representing an increase of $35; and the rate of $190 per
hour for paralegal work performed in 2024. I find these rates to be reasonable and will
award the attorney’s fees requested. And all time billed to the matter was also reasonably
incurred. Furthermore, Petitioner has provided supporting documentation for all claimed
costs. ECF No. 47-3. Respondent offered no specific objection to the rates or amounts
sought.
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. Accordingly, Petitioner is awarded the total amount of
$35,690.89 3 as follows:
• A lump sum of $35,680.69, representing reimbursement for fees and
costs, in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, and
• A lump sum of $10.20, representing reimbursement for Petitioner’s
costs, in the form of a check payable to Petitioner.
Per Petitioner’s request, the check is to be forwarded to Maglio Christopher
and Toale Law: 1605 Main Street, Suite 710, Sarasota Florida 34236. In the absenc e
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” as well as f ees f or legal services rendered.
Furthermore, § 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).
2
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. 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 f iling a joint notice
renouncing their right to seek review.
3