VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00984
Package ID: USCOURTS-cofc-1_21-vv-00984
Petitioner: JILLIAN C. BECCIA
Filed: 2021-02-23
Decided: 2025-01-10
Vaccine: influenza
Vaccination date: 2018-02-17
Condition: Still's Disease
Outcome: compensated
Award amount USD: 42278

AI-assisted case summary:
Jillian C. Beccia filed a petition for compensation on February 23, 2021, alleging that she suffered Still's Disease as a result of her influenza vaccination on February 17, 2018. The case is proceeding as an off-Table claim. On June 18, 2024, Ms. Beccia moved for an award of interim attorneys' fees and costs totaling $42,278.20. Respondent deferred to the special master regarding the appropriateness and amount of the award. The Special Master found that an interim award was appropriate given the protracted nature of the proceedings and the costs associated with litigation, especially with an upcoming entitlement hearing. The court reviewed the billing records and found no cause to reduce the requested hourly rates, hours billed, or costs. Therefore, Jillian C. Beccia was awarded interim attorneys' fees and costs in the total amount of $42,278.20.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00984-0
Date issued/filed: 2025-02-04
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 1/10/2025) regarding 73 DECISION of Special Master - Interim Fees. Signed by Special Master Daniel T. Horner. (cd) Service on parties made.
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Case 1:21-vv-00984-UNJ Document 78 Filed 02/04/25 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-984V
Filed: January 10, 2025
Special Master Horner
JILLIAN C. BECCIA,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Scott William Rooney, Nemes, Rooney, P.C., Farmington Hills, MI, for petitioner.
Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON INTERIM ATTORNEYS’ FEES AND COSTS1
On February 23, 2021, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq. (2012)
(“Vaccine Act”).2 (ECF No. 1.) Petitioner alleged that she suffered Still’s Disease as a
result of her February 17, 2018 influenza (“flu”) vaccination. (Id.) On June 18, 2024,
petitioner moved for an award of interim attorneys’ fees and costs totaling $42,278.20,
including $39,672.50 in attorneys’ fees and $2,605.70 in attorneys’ costs.3 (ECF No.
70.) Respondent filed his response on June 18, 2024, deferring to the special master
1 Because this document 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 document 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 Within this decision, all citations to § 300aa will be to the relevant sections of the Vaccine Act at 42
U.S.C. § 300aa-10, et seq.
3 The costs requested within petitioner’s motion are limited to the court’s filing fee, $3.70 for legal
research, and $2,200 in expert costs. (ECF No. 70, pp. 15-18.) Although petitioner filed two reports by
Dr. Axelrod (ECF No. 50, 60; Exs. 23, 24), only one invoice reflecting 5.5 hours of work performed by Dr.
Axelrod on June 8 and 9 of 2023 was included in the motion. (Id. at 18.)
1

Case 1:21-vv-00984-UNJ Document 78 Filed 02/04/25 Page 2 of 3
with respect to the appropriateness and amount of any interim award. (ECF No. 71.)
Petitioner filed a reply on August 21, 2024, stressing respondent’s lack of objection.
(ECF No. 72.) For the reasons discussed below, petitioner’s motion is GRANTED, and
interim attorneys’ fees and costs are awarded in the requested amount.
Section 15(e)(1) of the Vaccine Act allows for the special master to award
“reasonable attorneys’ fees, and other costs.” § 300aa-15(e)(1)(A)-(B). Petitioners are
entitled to an award of reasonable attorneys’ fees and costs if they are entitled to
compensation under the Vaccine Act or, even if they are unsuccessful, if the special
master finds that the petition was filed in good faith and with a reasonable basis. Avera
ex rel. Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343, 1352 (Fed. Cir. 2008).
In this case, respondent does not dispute this petition had a reasonable basis, instead
deferring to the special master on that point. (ECF No. 71, p. 2.) In a prior Rule 5
Order, I explained that petitioner’s showing to date, supported by expert opinion, has
been sufficient that an entitlement hearing is appropriate. (ECF No. 65.)
Additionally, the Federal Circuit has concluded that interim fee awards are
permissible and appropriate under the Vaccine Act. Shaw v. Sec’y of Health & Human
Servs., 609 F.3d 1372, 1374-75 (Fed. Cir. 2010); Avera, 515 F.3d at 1352. In Avera,
the Federal Circuit stated, “[i]nterim fees are particularly appropriate in cases where
proceedings are protracted and costly experts must be retained.” 515 F.3d at 1352. In
Shaw, the Federal Circuit clarified that “where the claimant establishes that the cost of
litigation has imposed an undue hardship and there exists a good faith basis for the
claim, it is proper for the special master to award interim attorneys’ fees.” 609 F.3d at
1375. Here, an award interim attorneys’ fees and costs is appropriate given the length
of time this case has been pending, the amount at issue, and the fact that resolution is
not imminent given the upcoming entitlement hearing. Respondent does not object,
instead deferring to the special master with respect to whether an award of interim
attorneys’ fees is appropriate. (ECF No. 71, p. 2.)
It is “well within the special master’s discretion” to determine the reasonableness
of fees. Saxton ex rel. v. Sec’y of Health & Human Servs., 3 F.3d 1517, 1521-22 (Fed.
Cir. 1993); see also Hines ex rel. Sevier v. Sec’y of Health & Human Servs., 22 Cl. Ct.
750, 753 (1991) (“[T]he reviewing court must grant the special master wide latitude in
determining the reasonableness of both attorneys’ fees and costs.”). The Federal
Circuit has approved the lodestar approach to determine reasonable attorneys’ fees and
costs under the Vaccine Act. Avera, 515 F.3d at 1347-48. This is a two-step process.
Id. First, a court determines an “initial estimate . . . by ‘multiplying the number of hours
reasonably expended on the litigation times a reasonable hourly rate.’” Id. (quoting
Blum v. Stenson, 465 U.S. 886, 888 (1984)). Second, the court may make an upward
or downward departure from the initial calculation of the fee award based on specific
findings. Id. at 1348.
Applications for attorneys’ fees must include contemporaneous and specific
billing records that indicate the work performed and the number of hours spent on said
work. See Savin ex rel. Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313, 316-
2

Case 1:21-vv-00984-UNJ Document 78 Filed 02/04/25 Page 3 of 3
18 (2008). Such applications should not include hours that are “excessive, redundant,
or otherwise unnecessary.” Saxton, 3 F.3d at 1521 (quoting Hensley v. Eckerhart, 461
U.S. 424, 434 (1983)). Attorneys’ costs must be reasonable as well. See Perreira ex
rel. Perreira v. Sec’y of Health & Human Servs., 27 Fed. Cl. 29, 34 (1992) (“The
conjunction ‘and’ conjoins both ‘attorneys’ fees’ and ‘other costs’ and the word
‘reasonable’ necessarily modifies both. Not only must any request for reimbursement of
attorneys’ fees be reasonable, so also must any request for reimbursement of costs.”),
aff’d, 33 F.3d 1375 (Fed. Cir. 1994). Special masters can reduce a fee request sua
sponte, without providing petitioners notice and opportunity to respond. See Sabella v.
Sec’y of Health & Human Servs., 86 Fed. Cl. 201, 209 (2009).
The undersigned has reviewed the attorney billing records submitted with
petitioner’s request. (ECF No. 70.) There is no cause to reason to reduce the hourly
rates requested, the hours billed, or the requested costs. (Id.)
Accordingly, petitioner is awarded interim attorney’s fees and costs in the
total amount of $42,278.20 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
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.
3