VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00596
Package ID: USCOURTS-cofc-1_17-vv-00596
Petitioner: X.J.
Filed: 2018-05-03
Decided: 2018-12-03
Vaccine: influenza
Vaccination date: 2015-11-13
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 63497

AI-assisted case summary:
On May 3, 2017, Olivia Jeffers filed a petition on behalf of her minor son, X.J., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that X.J. developed transverse myelitis after receiving an influenza vaccine on November 13, 2015. The respondent denied that the vaccine caused the alleged injury. The parties reached a joint stipulation to settle the case, which was filed on August 16, 2018. Special Master Mindy Michaels Roth adopted the stipulation in a decision dated August 24, 2018. The settlement included a lump sum of $63,497.39 to reimburse a lien for services rendered by Optum Subrogation Services, a $500.00 lump sum for past unreimbursed expenses, and an amount sufficient to purchase an annuity contract for future payments. The annuity contract was to provide four guaranteed lump sum payments to X.J. between August 27, 2020, and August 27, 2023, with amounts ranging from $31,087.00 to $34,464.00. The total compensation awarded was the sum of these payments. Subsequently, on October 10, 2018, Petitioner filed an application for attorneys' fees and costs. In a decision dated December 3, 2018, Special Master Mindy Michaels Roth awarded $16,609.00 in attorneys' fees and $2,007.85 in costs, for a total of $18,616.85, payable jointly to the petitioner and her counsel, Nancy Myers, Esq. The case was settled as a Table claim, as transverse myelitis is listed on the Vaccine Injury Table for the influenza vaccine. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the medical expert opinions related to X.J.'s condition.

Theory of causation field:
Petitioner Olivia Jeffers filed a petition on behalf of her minor son, X.J., alleging transverse myelitis following an influenza vaccine administered on November 13, 2015. Respondent denied causation. The parties stipulated to a settlement, acknowledging that transverse myelitis is a condition listed on the Vaccine Injury Table for the influenza vaccine, thus qualifying the case as a "Table claim." The settlement included a lump sum payment of $63,497.39 for a lien, $500.00 for past unreimbursed expenses, and an annuity for future damages totaling $129,606.00 ($31,087.00 in 2020, $32,126.00 in 2021, $33,229.00 in 2022, and $34,464.00 in 2023). Attorneys' fees and costs were awarded separately, totaling $18,616.85. Special Master Mindy Michaels Roth approved the stipulation and the subsequent award for fees and costs. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings beyond the diagnosis of transverse myelitis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00596-0
Date issued/filed: 2018-09-18
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 8/24/2018) regarding 28 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (km) Service on parties made.
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Case 1:17-vv-00596-UNJ Document 35 Filed 09/18/18 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-596V
Filed: August 24, 2018
* * * * * * * * * * * * *
OLIVIA JEFFERS, as Natural *
Guardian and Legal Representative *
of her Minor Son, X.J. * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Transverse Myelitis;
v. * Influenza (“Flu”) Vaccine
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Nancy Myers Esq., Ward Black Law, Greensboro, NC, for petitioner.
Lara Englund, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On May 3, 2017, Petitioner [“Ms. Jeffers or “petitioner”] filed a petition on behalf of her
minor son, X.J., for compensation under the National Vaccine Injury Compensation Program.2
Petitioner alleges that he developed transverse myelitis after receiving an influenza (“flu”) vaccine
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
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).
1

Case 1:17-vv-00596-UNJ Document 35 Filed 09/18/18 Page 2 of 9
on November 13, 3015. Stipulation, filed August 16, 2018, at ¶¶ 1-4. Respondent denies that any
of the aforementioned immunizations caused petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On August 16, 2018, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payments:
a. A lump sum of $63,497.39, which represents a lien for services rendered in the
form of a check payable jointly to petitioner, Olivia Jeffers, and
Optum Subrogation Services
File #SN13439094
75 Remittance Drive
Suite 6019
Chicago, IL 60675-6019
b. A lump sum of $500.00, in the form of a check payable to petitioner for past
unreimbursed expenses; and
c. An amount sufficient to purchase the annuity contract described in paragraph
10 of the Stipulation, paid to the life insurance company from which the
annuity will be purchased (the “Life Insurance Company”).
This amount represents compensation for all damages that would be available under §
300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

Case 1:17-vv-00596-UNJ Document 35 Filed 09/18/18 Page 3 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
OLIVIA JEFFERS, as Natural Guardian and )
Legal Representative of her Minor Son, X.J., )
)
Petitioner, )
)
v. ) No. 17-596V
) Special Master Mindy Michaels Roth
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. On behalf of her son, X.J., petitioner filed a petition for vaccine compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to 34 (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to X.J.’s receipt of the
influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”),
42 C.F.R. § 100.3 (a).
2. X.J. received his immunization on or about November 13, 2015.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the vaccine caused X.J. to suffer from transverse myelitis, and
that X.J. experienced residual effects of this injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on behalf of X.J. as a result of his condition.
6. Respondent denies that the vaccine caused X.J. to suffer from transverse myelitis or
any other injury or his current condition.

Case 1:17-vv-00596-UNJ Document 35 Filed 09/18/18 Page 4 of 9
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payments for all damages that would be available under 42
U.S.C. §300aa-15(a):
a. A lump sum of $63,497.39, which amount represents reimbursement of a lien for
services rendered on behalf of X.J., in the form of a check payable jointly to
petitioner and
Optum Subrogation Services
File # SN13439094
75 Remittance Drive
Suite 6019
Chicago, IL 60675-6019
Petitioner agrees to endorse this check to Optum Subrogation Services.
b. A lump sum of $500.00, in the form of a check payable to petitioner for past
unreimbursed expenses; and
c. An amount sufficient to purchase the annuity contract described in paragraph 10
below, paid to the life insurance company from which the annuity will be purchased
(the “Life Insurance Company”).
9. The Life Insurance Company must have a minimum of $250,000,000.00 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
2

Case 1:17-vv-00596-UNJ Document 35 Filed 09/18/18 Page 5 of 9
c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-, AA,
AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA+, or AAA.
10. The Secretary of Health and Human Services agrees to purchase an annuity contract
from the Life Insurance Company for the benefit of X.J., pursuant to which the which the Life
Insurance Company will agree to make four lump sum payments to X.J. for all remaining
damages that would be available under 42 U.S.C. §300aa-15(a), as follows:
a. a guaranteed lump sum payment of $31,087.00 to be paid on August 27, 2020;
b. a guaranteed lump sum payment of $32,126.00 to be paid on August 27, 2021;
c. a guaranteed lump sum payment of $33,229.00 to be paid on August 27, 2022; and
d. a guaranteed lump sum payment of $34,464.00 to be paid on August 27, 2023.
The period certain payments shall be made as set forth; however, should X.J. predecease any
date of payment referenced above in this paragraph or be declared incompetent by a court with
proper jurisdiction, then any remaining payment shall be made to X.J.’s estate. Written notice to
the Secretary of Health and Human Services and to the Life Insurance Company shall be
provided within twenty (20) days of X.J.’s death.
11. The annuity contract will be owned solely and exclusively by the Secretary of Health
and Human Services and will be purchased as soon as practicable following the entry of a
judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary
of Health and Human Services and the United States of America are not responsible for the
payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts
awarded pursuant to paragraph 12 herein, and that they do not guarantee or insure any of the
future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and
3

Case 1:17-vv-00596-UNJ Document 35 Filed 09/18/18 Page 6 of 9
Human Services and the United States of America are released from any and all obligations with
respect to future annuity payments.
12. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
13. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§1396 et seq.)), or by entities that provide health services on a pre-paid basis.
14. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 12 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i),
subject to the availability of sufficient statutory funds.
15. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of X.J. as contemplated by a strict construction of 42 U.S.C. §300aa-
15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).
16. In return for the payments described in paragraphs 8 and 12, petitioner, in her
individual capacity and as legal representative of X.J., on behalf of herself, X.J., and his heirs,
executors, administrators, successors or assigns, does forever irrevocably and unconditionally
4

Case 1:17-vv-00596-UNJ Document 35 Filed 09/18/18 Page 7 of 9
release, acquit and discharge the United States and the Secretary of Health and Human Services
from any and all actions or causes of action (including agreements, judgments, claims, damages,
loss of services, expenses and all demands of whatever kind or nature) that have been brought,
could have been brought, or could be timely brought in the Court of Federal Claims, under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or
in any way growing out of, any and all known or unknown, suspected or unsuspected personal
injuries to or death of X.J. resulting from, or alleged to have resulted from, the vaccination
administered on November 13, 2015, as alleged by petitioner in a petition for vaccine
compensation filed on or about May 3, 2017, in the United States Court of Federal Claims as
petition No. 17-596V.
17. If X.J. should die prior to entry of judgment, this agreement shall be voidable upon
proper notice to the Court on behalf of either or both of the parties.
18. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
19. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 12 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
5

Case 1:17-vv-00596-UNJ Document 35 Filed 09/18/18 Page 8 of 9
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
20. Petitioner hereby authorizes respondent to disclose documents filed by petitioner in
this case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records, No. 09-15-0056.
21. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused X.J. to suffer transverse
myelitis or any other injury or his current condition.
22. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns as legal representatives of X.J.
END OF STIPULATION
6

Case 1:17-vv-00596-UNJ Document 35 Filed 09/18/18 Page 9 of 9

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00596-1
Date issued/filed: 2018-12-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/24/2018) regarding 28 DECISION Stipulation/Proffer, Signed by Special Master Mindy Michaels Roth. (jm) Service on parties made.
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Case 1:17-vv-00596-UNJ Document 39 Filed 12/03/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-596V
Filed: October 10, 2018
* * * * * * * * * * * * * *
OLIVIA JEFFERS, as Natural *
Guardian and Legal Representative *
of her Minor Son, X.J., * UNPUBLISHED
*
Petitioner, *
*
v. * Attorneys’ Fees and Costs
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Nancy Myers, Esq., Ward Black Law, Greensboro, NC, for petitioner.
Lara Englund, Esq., United States Department of Justice, Washington, DC, for Respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Roth, Special Master:
On May 3, 2017, Olivia Jeffers (“Ms. Jeffers” or “Petitioner”) filed a petition on behalf of
her minor son, X.J., for compensation pursuant to the National Vaccine Injury Compensation
Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that X.J. developed transverse
myelitis after receiving an influenza (“flu”) vaccine on November 13, 2015. Petition at 1-2. On
1 The undersigned intends to post this Ruling on the United States Court of Federal Claims'
website. This means the ruling 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, the undersigned agrees that the identified material fits within this
definition, the undersigned will redact such material from public access. Because this unpublished
ruling contains a reasoned explanation for the action in this case, undersigned is required 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).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:17-vv-00596-UNJ Document 39 Filed 12/03/18 Page 2 of 5
August 16, 2018, the parties filed their Stipulation for Award, which the undersigned adopted as
her decision on the same day. See Decision, ECF No. 28.
On August 29, 2018, Petitioner filed an application for attorneys’ fees and costs. ECF No.
30 (“Fees App.”). Petitioner requested total attorneys’ fees and costs in the amount of $19,965.35
(representing $17,957.50 in attorneys’ fees and $2,007.85 in costs). Fees App at 1. Pursuant to
General Order No. 9, Petitioner has indicated that he has not personally incurred any costs in
pursuit of this litigation. Id. Ex. 1. Respondent responded to the motion on September 6, 2018,
stating “Respondent is satisfied the statutory requirements for an award of attorneys’ fees and costs
are met in this case” and requesting that the undersigned “exercise her discretion and determine a
reasonable award for attorneys’ fees and costs.” Resp’t’s Resp. at 2-3 (ECF No. 33). Petitioner
filed a reply on the same day, concurring with Respondent’s recommendation and also asking that
the undersigned exercise her discretion in determining a reasonable award. ECF No. 34.
This matter is now ripe for consideration.
I. Legal Framework
The Vaccine Act permits an award of “reasonable attorneys' fees” and “other costs.” §
15(e)(1). If a petitioner succeeds on the merits of his or her claim, the award of attorneys' fees is
automatic. Id.; see Sebelius v. Cloer, 133 S. Ct. 1886, 1891 (2013). However, a petitioner need not
prevail on entitlement to receive a fee award as long as the petition was brought in “good faith”
and there was a “reasonable basis” for the claim to proceed. § 15(e)(1).
The Federal Circuit has endorsed the use of the lodestar approach to determine what
constitutes “reasonable attorneys' fees” and “other costs” under the Vaccine Act. Avera v. Sec'y of
Health & Human Servs., 515 F.3d 1343, 1349 (Fed. Cir. 2008). Under this approach, “an initial
estimate of a reasonable attorneys' fees” is calculated by “multiplying the number of hours
reasonably expended on the litigation times a reasonable hourly rate.” Id. at 1347–48 (quoting
Blum v. Stenson, 465 U.S. 886, 888 (1984)). That product is then adjusted upward or downward
based on other specific findings. Id.
Special masters have substantial discretion in awarding fees and may adjust a fee request
sua sponte, apart from objections raised by respondent and without providing petitioners with
notice and opportunity to respond. See Sabella v. Sec'y of Health & Human Servs., 86 Fed. Cl.
201, 209 (2009). Special masters need not engage in a line-by-line analysis of petitioner's fee
application when reducing fees. See Broekelschen v. Sec'y of Health & Human Servs., 102 Fed.
Cl. 719, 729 (2011).
II. Discussion
a. Reasonable Hourly Rate
A “reasonable hourly rate” is defined as the rate “prevailing in the community for similar
services by lawyers of reasonably comparable skill, experience and reputation.” Avera, 515 F.3d
at 1348 (quoting Blum, 465 U.S. at 896 n.11). In general, this rate is based on “the forum rate for
2

Case 1:17-vv-00596-UNJ Document 39 Filed 12/03/18 Page 3 of 5
the District of Columbia” rather than “the rate in the geographic area of the practice of petitioner's
attorney.” Rodriguez v. Sec'y of Health & Human Servs., 632 F.3d 1381, 1384 (Fed. Cir. 2011)
(citing Avera, 515 F. 3d at 1349). There is a “limited exception” that provides for attorney's fees
to be awarded at local hourly rates when “the bulk of the attorney's work is done outside the forum
jurisdiction” and “there is a very significant difference” between the local hourly rate and forum
hourly rate. Id. This is known as the Davis County exception. See Hall v. Sec'y of Health & Human
Servs., 640 F.3d 1351, 1353 (2011) (citing Davis Cty. Solid Waste Mgmt. & Energy Recovery
Special Serv. Dist. v. U.S. EPA, 169 F.3d 755, 758 (D.C. Cir. 1999)).
For cases in which forum rates apply, McCulloch provides the framework for determining
the appropriate hourly rate range for attorneys' fees based upon the attorneys' experience. See
McCulloch v. Sec'y of Health & Human Servs., No. 09–293V, 2015 WL 5634323 (Fed. Cl. Spec.
Mstr. Sept. 1, 2015). The Office of Special Masters has accepted the decision in McCulloch and
has issued a Fee Schedule for subsequent years.3
For the work of her attorney, Ms. Nancy Meyers, Petitioner requests the following rates of
compensation: $350.00 per hour for work performed in 2016-2017, and $375.00 per hour for work
performed in 2018. Fees App. at 1. Petitioner also requests that paralegals be compensated at
$145.00 per hour for all work performed, irrespective of year. Id. These amounts are consistent
with what the undersigned, and other special masters, have awarded Ms. Meyers in previous
Vaccine Program cases. See Porges v. Sec’y of Health & Human Servs., No. 15-427V, 2018 WL
2772241, at *3 (Fed. Cl. Spec. Mstr. May 7, 2018); Drake v. Sec’y of Health & Human Servs., No.
16-732V, 2018 WL 4391065, at *2 (Fed. Cl. Spec. Mstr. Aug. 20, 2018). Accordingly, no
adjustment to the requested rates is required.
b. Hours Reasonably Expended
Attorneys' fees are awarded for the “number of hours reasonably expended on the
litigation.” Avera, 515 F.3d at 1348. Counsel should not include in their fee requests hours that are
“excessive, redundant, or otherwise unnecessary.” Saxton ex rel. Saxton v. Sec'y of Health &
Human Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424,
434 (1983)). “Unreasonably duplicative or excessive billing” includes “an attorney billing for a
single task on multiple occasions, multiple attorneys billing for a single task, attorneys billing
excessively for intra office communications, attorneys billing excessive hours, [and] attorneys
entering erroneous billing entries.” Raymo v. Sec'y of Health & Human Servs., 129 Fed. Cl. 691,
703 (2016). While attorneys may be compensated for non-attorney-level work, the rate must be
comparable to what would be paid for a paralegal or secretary. See O'Neill v. Sec'y of Health &
Human Servs., No. 08–243V, 2015 WL 2399211, at *9 (Fed. Cl. Spec. Mstr. Apr. 28, 2015).
Clerical and secretarial tasks should not be billed at all, regardless of who performs them. See, e.g.,
McCulloch, 2015 WL 5634323, at *26. Hours spent traveling are ordinarily compensated at one-
3 The fee schedules are posted on the Court's website. See Office of Special Masters, Attorneys'
Forum Hourly Rate Fee Schedule: 2015–2016,
http://www.uscfc.uscourts.gov/sites/default/files/Attorneys-Forum-Rate-Fee-Schedule2015-
2016.pdf (last visited September 8, 2017); Office of Special Masters, Attorneys' Forum Hourly
Rate Fee Schedule: 2017, http://www.uscfc.uscourts.gov/sites/default/files/Attorneys-
ForumRate-Fee-Schedule2017.pdf (last visited September 8, 2017).
3

Case 1:17-vv-00596-UNJ Document 39 Filed 12/03/18 Page 4 of 5
half of the normal hourly attorney rate. See Scott v. Sec'y of Health & Human Servs., No. 08–756V,
2014 WL 2885684, at *3 (Fed. Cl. Spec. Mstr. June 5, 2014) (collecting cases). And “it is
inappropriate for counsel to bill time for educating themselves about basic aspects of the Vaccine
Program.” Matthews v. Sec'y of Health & Human Servs., No 14–1111V, 2016 WL 2853910, at *2
(Fed. Cl. Spec. Mstr. Apr. 18, 2016). Ultimately, it is “well within the Special Master's discretion
to reduce the hours to a number that, in [her] experience and judgment, [is] reasonable for the work
done.” Saxton, 3 F.3d at 1522. In exercising that discretion, special masters may reduce the number
of hours submitted by a percentage of the amount charged. See Broekelschen, 102 Fed. Cl. at 728–
29 (affirming the Special Master's reduction of attorney and paralegal hours); Guy v. Sec'y of
Health & Human Servs., 38 Fed. Cl. 403, 406 (1997) (same).
Upon review of petitioner’s application, the undersigned finds that a number of the billing
entries for paralegals are excessive or are properly considered to be administrative/clerical work.
Examples of these entries include: entries for scanning medical records (8/3/16, 8/16/16, 3/23/17,
9/25/17); entries concerning receiving and paying invoices (3/14/17, 3/17/17, 2/22/18); entries for
downloading files from CMECF, particularly ones which were previously filed by petitioner
herself (5/3/17, 5/8/17). Fees App. Ex. 2 16-24.4 Other entries reflect an excessive amount of time
billed for relatively simple tasks. For example, on April 30, 2018, paralegals billed 0.7 hours for
review and printing of electronic notices generated by CMECF, and saving said notices in the
proper file on the office hard drive. The two notices generated that day were when petitioner’s
counsel filed a status report, and when the undersigned issued a non-PDF scheduling order. Id. at
20. It is unclear why it took the majority of an hour to print and save these relatively routine and
non-descript orders. Similarly, a paralegal billed nearly two hours in March of 2018 scanning
medical records, which is not compensable, and to prepare a notice of filing, which is a simple one
page document. Id.
In sum, the undersigned finds it reasonable to reduce the amount of billed paralegal time
by 15%. The records reflect total billed paralegal time of 62 hours – this results in a reduction of
9.3 hours of billed time and a dollar reduction of $1,348.50.
c. Reasonable Costs
Like attorneys’ fees, a request for reimbursement of attorneys’ costs must be reasonable.
Perreira v. Sec’y of Health & Human Servs., 27 Fed. Cl. 29, 34 (Fed. Cl. 1992). Petitioner requests
a total of $2,007.85 in costs, comprising of obtaining medical records, postage, photocopies, and
the Court’s filing fee. All of these costs are typical costs in Vaccine Program cases, and Petitioner
has provided adequate documentation of all her requested costs. The undersigned finds all of the
requested costs reasonable, and shall reimburse them in full.
III. Conclusion
Based on the foregoing, the undersigned awards the total of $18,616.85, representing
$16,609.00 in attorneys’ fees, and $2,007.85 in costs, in the form of a check made payable jointly
to petitioner and petitioner’s counsel, Nancy Meyers Esq. In the absence of a motion for review
4 These dates of entries merely represent examples of improper billing entries and are not meant
to be an exhaustive list of all such examples.
4

Case 1:17-vv-00596-UNJ Document 39 Filed 12/03/18 Page 5 of 5
filed pursuant to RCFC Appendix B, the clerk of the court shall enter judgment in accordance
herewith.5
IT IS SO ORDERED.
s/Mindy Michaels Roth
Mindy Michaels Roth
Special Master
5 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to
seek review. Vaccine Rule 11(a).
5