# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 18

- 0693 V (not to be published)

FLINT ALLEN

,

Petitioner,

v.

S ECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

F iled: March 4, 2020

Special Processing Unit (SPU); Attorney’s Fees and Costs

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA , for P etitioner.

J ulia Marter Collison , U.S. Department of Justice, Washington, DC, for R espondent.

DE CISION ON ATTORNEY ’S FEES AND COSTS 1

On May 16, 2018

, Flint Allen, 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 alleges that he suffered Guillain

- Barré Syndrome (“GBS”) after receiving the influenza vaccination on October 21, 2016 . (Petit ion at 1)

. On September 27, 2019

, a decision was issued awarding compensation to P etitioner based on the Respondent’s proffer

. (ECF No. 40 ).

P etitioner has now filed a motion for attorney’s fees and costs, dated February 4, 2020

, (ECF No. 45 ) , requesting a n award of $ 28,421.54 (representing $ 26,785.00 in fees

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). This means the D ecision 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

. 

### C ORRECTED2 and $ 1,636.54 in costs). In accordance with General Order #9 Petitioner filed a signed
statement that he incurred out

- of

- pocket expenses in the amount of $12.58

. (ECF No.
46 )

. Respondent reacted to the motion on February 20, 2020 indicating that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this

case and defers to the Court’s discretion to determine the amount to be awarded. (ECF No. 47). Petitioner did not file a reply thereafter.

I have reviewed the billing records submitted with P etitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested
hours or rates.

The Vaccine Act permits an award of reasonable attorney ’ s fees and costs

. § 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney ’ s fees and costs.

Accordingly
, petitioner is awarded the total amount of $ 28,434.12 3 as follows:

• A lump sum of $ 28,421.54 , representing reimbursement for attorneys’ fees and costs, in the form of a check payable jointly to petitioner and petitioner’s counsel and;

• A lump sum of $ 12.58 , representing reimbursement for petitioner’s costs, in the form of a check payable to petitioner.

In the absence of a timely

- filed motion for review (see Appendix B to t he Rules of the Court), the Clerk shall enter judgment in accordance with this decision. 4

IT IS SO ORDERED.

s/ Brian H. Corcoran Brian H. Corcoran 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), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.