# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 228 V

Filed: August 2, 2016

U NPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

GARY FRIEDLAND

, *

*

Petitioner, *

v. *

* Attorney s’ Fees and Costs;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES

, *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

John Robert Howie, Jr., Howie Law, P.C., Dallas, TX

, for petitioner.

Althea Walker Davis , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY S’ FEES AND COSTS 1

Dorsey

, Chief Special Master:

On February 16, 2016

, p etitioner 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 a shoulder injury after receiving an

influenza vaccination on September 19, 2014. On July 15, 2016

, the undersigned

issued a decision awarding compensation to petitioner based on t he parties ’ stipulation

. (ECF No. 25 ).

On August 1, 2016

, petitioner filed a n unopposed motion for attorneys’ fees and

costs. (ECF No. 27 ). 3 Petitioner requests attorneys’ fees in the amount of $ 1 3,576.50

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 wi th

the E

- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of

Electronic Government Services). In accordance with Va ccine 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

wi thin 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 t he pertinent subparagraph of 42 U.S.C. §

300aa (2012).

3 In the motion, petitioner states that respondent has no obj ection to petitioner’s request.2 and attorneys’ costs in the amount of $ 8 23.88 for a total amount of $ 1 4,400.38

. Id. at 1

. In compliance with General Order #9, petitioner has filed a signed statement indicating

petitioner incur red no out

- of

- pocket expenses.

The Vaccine Act permits an award of reasonable atto rneys’ fees and costs.

§ 15(e). Based on the reasonableness of petitioner’s request and the lack of opposition

from respondent , the undersigned GRANTS petitioner’s mo tion for attorneys’ fees and

costs.

Accordingly , the undersigned award s the total of $ 1 4,400.38 4 as a lump

sum in the form of a check jointly payable to petitioner and petitioner’s counsel

John R o bert Howie, Jr

.

T he clerk of the court shall enter judgment in accordance herewith. 5

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

4 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.

Furthermo re, § 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).

5 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.