# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0448 V (not to be published)

LESLI AUTUMN AKERS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 6, 2022

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

William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for

Petitioner , for P etitioner.

Mark Kim Hellie , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On April 16, 2020

, Lesli Autumn Akers 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 alleg es that s he suffered a lef t shoulder injury related to vaccine

administ ration , a defined Table Injury, after receiving the influenza vaccine on Sept ember

13, 2018 . Petition at 1, ¶ 2

. On March 11, 2022

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

. (ECF No. 34 )

.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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

. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the p ertinent subparagraph of 42 U.S.C. § 300aa (2012).2 Petitioner has now filed a motion for attorney’s fees and costs, dated May 11, 2022
(ECF No. 39 ) , requesting a total award of $ 30,933.50 (representing $ 29,794.10 in fees
and $ 1,139.40 in costs). In accordance with General Order No. 9, Petitioner filed a signed

statement indicating that sh e incurred no out

- of

- pocket expenses. ECF No. 39

- 3

. Respondent did not file a r esponse to Petitioner ’ s motion.

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

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

award a total of $ 30,933.50 (representing $ 29,794.10 in fees and $ 1,139.40 in costs) as
a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel

. In the absence of a timely

- filed motion for review (see Appendix B to the Rules of the
Court), the Clerk shall enter judgment in accordance with this decision. 3

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran Chief Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.