The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1766V
ELLEN DECKER,
Chief Special Master Corcoran
Petitioner,
v. Filed: March 4, 2024
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Attorney’s Fees and Costs
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON ATTORNEY’S FEES AND COSTS 1
On December 4, 2020, Ellen Decker filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the
“Vaccine Act”). On January 18, 2023, Petitioner filed an amended petition. Petitioner
alleges that she suffered a left shoulder injury related to vaccine administration (“SIRVA”)
resulting from an influenza (“flu”) vaccine received on October 28, 2019. Amended
Petition at 1. On September 22, 2023, I issued a decision awarding compensation to
Petitioner based on the parties’ stipulation. ECF No. 44.
1Because 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
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 (2018).
Petitioner has now filed a motion for attorney’s fees and costs, requesting an award
of $13,120.40 (representing $12,264.90 in fees plus $855.50 in costs). Petitioner’s Final
Motion for Attorney Fees and Cost (“Motion”) filed Dec. 4, 2023, ECF No. 49. In
accordance with General Order No. 9, counsel for Petitioner states that Petitioner did not
personally incur any out-of-pocket expenses in pursuit of this claim. Motion at 2.
Respondent reacted to the motion on December 13, 2023, 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 to my discretion.
Respondent’s Response to Motion at 2-3, ECF No. 50. Petitioner filed no reply.
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. Motion, at 18 - 27. 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. I award a total of $13,120.40 (representing $12,264.90 in
fees plus $855.50 in costs) as a lump sum in the form of a check jointly payable to
Petitioner and Petitioner’s counsel, Leigh Finfer. 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
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.
2