VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00646
Package ID: USCOURTS-cofc-1_11-vv-00646
Petitioner: Christina Michalski
Filed: 2014-03-06
Decided: 2014-03-31
Vaccine: 
Vaccination date: 
Condition: 
Outcome: compensated
Award amount USD: 38381

AI-assisted case summary:
Christina Michalski filed a petition under the National Vaccine Injury Compensation Program. The case proceeded based on a joint stipulation, and a decision awarding compensation was issued on October 1, 2013. Subsequently, on March 5, 2014, the parties filed a stipulation for attorney fees and costs. The Chief Special Master, Denise Kathryn Vowell, found that the petition was brought in good faith with a reasonable basis. Accordingly, the court awarded a total of $38,380.94, comprising $37,250.00 for attorney fees and costs payable jointly to Christina Michalski and her counsel, Elizabeth M. Muldowney, and $1,130.94 for Christina Michalski's personal litigation costs. Judgment was to be entered in accordance with this award. The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged condition, the clinical story, or the theory of causation.

Theory of causation field:
The public decision does not describe the theory of causation. The case was resolved by joint stipulation, and the decision addresses attorney fees and costs. Petitioner counsel was Elizabeth M. Muldowney, and respondent counsel was Linda S. Renzi. Chief Special Master Denise Kathryn Vowell issued the decision on March 31, 2014. The award totaled $38,380.94, with $37,250.00 for attorney fees and costs payable jointly to petitioner and counsel, and $1,130.94 for petitioner's personal litigation costs.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_11-vv-00646-0
Date issued/filed: 2014-03-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/06/2014) regarding 39 DECISION Fees Stipulation/Proffer Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00646-UNJ Document 40 Filed 03/31/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 11-646V
Filed: March 6, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTINA MICHALSKI, *
*
Petitioner, *
v. * Stipulation; Attorney Fees and Costs
*
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Elizabeth M. Muldowney, Esq., Rawls, McNelis and Mitchell, P.C., Richmond, VA, for
petitioner.
Linda S. Renzi, Esq., U.S. Department of Justice, Washington, DC, for respondent.
1
DECISION ON ATTORNEY FEES AND COSTS
Vowell, Chief Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a decision on October 1, 2013, awarding compensation based on the parties’ joint
stipulation. On or about February 17, 2014, petitioner sent an informal final application
for attorneys’ fees and costs to respondent. In informal discussions, respondent raised
objections to certain items in petitioner’s application. On March 5, 2014, petitioner filed
a stipulation for attorney fees and costs, requesting a total of $38,380.94 and indicating
that respondent does not object to her request.
1
Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete such material from public access.
2
The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).

Case 1:11-vv-00646-UNJ Document 40 Filed 03/31/14 Page 2 of 2
I find that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,
pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate.
3
Accordingly, I hereby award the total $38,380.94 as follows:
• A lump sum of $37,250.00 in the form of a check payable jointly to
petitioner, Christina Michalski, and petitioner’s counsel of record,
Elizabeth M. Muldowney, for petitioner’s attorney fees and costs, and
• A lump sum of $1,130.94 in the form of a check payable to petitioner,
Christina Michalski, for her personal litigation costs.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/ Denise K. Vowell
Denise K. Vowell
Chief Special Master
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 fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-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, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2