VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01390
Package ID: USCOURTS-cofc-1_15-vv-01390
Petitioner: Rita Dowaschinski
Filed: 2015-11-17
Decided: 2017-05-02
Vaccine: influenza
Vaccination date: 2014-10-23
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 15384

AI-assisted case summary:
Rita Dowaschinski filed a petition alleging that she suffered a left shoulder injury caused by an influenza vaccine she received on October 23, 2014. The case proceeded as an off-Table claim. On February 9, 2017, a decision was issued awarding compensation to Ms. Dowaschinski based on a joint stipulation between the parties. Subsequently, on April 14, 2017, Ms. Dowaschinski filed a motion for attorneys' fees and costs, requesting $14,489.50 in fees and $895.26 in costs, totaling $15,384.76. The court reviewed the billing records and found the request to be reasonable. On May 2, 2017, the Chief Special Master granted the motion and awarded the total amount of $15,384.76 as a lump sum, payable jointly to Ms. Dowaschinski and her counsel.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01390-0
Date issued/filed: 2017-12-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/02/2017) regarding 35 DECISION of Special Master - Fees ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01390-UNJ Document 38 Filed 12/11/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1390V
Filed: May 2, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RITA DOWASCHINSKI, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On November 17, 2015, Rita Dowaschinski (“petitioner”) 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 left
shoulder injury that was caused-in-fact by an influenza (“flu”) vaccine she received on
October 23, 2014. On February 9, 2017, the undersigned issued a decision awarding
compensation to petitioner based the parties’ joint stipulation. (ECF No. 30).
On April 14, 2017, petitioner filed a motion for attorneys’ fees and costs. (ECF
No. 34). Petitioner requests attorneys’ fees in the amount of $14,489.50, and attorneys’
costs in the amount of $895.26, for a total amount of $15,384.76. Id. at 2. In
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-01390-UNJ Document 38 Filed 12/11/17 Page 2 of 2
accordance with General Order #9, petitioner’s counsel represents that petitioner
incurred no out-of-pocket expenses. Respondent did not file a response.
The undersigned has reviewed the billing records submitted with petitioner’s
request. In the undersigned’s experience, the request appears reasonable, and the
undersigned finds no cause to reduce the requested hours or rates.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs.
§ 15(e). Based on the reasonableness of petitioner’s request, the undersigned
GRANTS petitioner’s motion for attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $15,384.76,3 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel
Muller Brazil, LLP.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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, § 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).
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2