# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 445 V (not to be published)

MARY BETH NEIMAN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: May 1 2 , 2022

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

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA , 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, Mary Beth Neiman 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 she suffered a shoulder injury related to vaccine administration caused by an influenza vaccine administered on October 26, 2018. ( Petition at 1 )

. On January 28, 2022

, a decision was issued awarding compensation to

Petitioner based on the Respondent’s proffer

. ( ECF No. 36 )

.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 a nd 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 Petitioner has now filed a motion for attorney’s fees and costs, dated March 30

, 2022, (ECF No. 42 ) , requesting a total award of $ 13,398.08 (representing $ 12,901.50 in
fees and $ 496.58 in costs). In accordance with General Order No. 9, counsel for Petitioner

represents that Petitioner incurred no out

- of

- pocket expenses

. ( Id. at 2 ). Respondent

reacted to the motion on April 6 , 2022 , indicating that he is satisfied the statutory
requirements for an award of attorneys’ fees and costs are met in this case , deferring
resolution of the amount to be awarded at the Court’s discretion. (ECF N o. 43 ). 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

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

award a total of $13,398.08 (representing $ 12,901.50 in fees and $ 496.58 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.