# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

MICHAEL MOSES, parent on *

behalf of P.M., a minor

, *

* No. 1 9

- 739 V

* Special Master Christian J. Moran

Petitioner, *

v. *

* Filed: May 5, 2021

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

* Attorneys’ fees and costs, interim

Respondent. * award

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

Phyllis Widman , Jacobs and Barbone, Atlantic City, NJ, for petitioner;

Catherine E. Stolar , United States Dep’t of Justice, Washington, D.C., for

r espondent.

UNPUBLISHED DECISION DENYING

ATTORNEYS’ COSTS ON AN INTERIM BASIS 1

Previously, M ichael Moses sought an award of attorneys’ fees and costs on

an interim basis. Pet’r’s Mot., filed June 1, 2020. Mr. Moses was awarded most of

his attorneys’ fees and costs. Mr. Moses was not awarded costs for work

performed by the expert he retained, Dr. Brawer, because Dr. Brawer did not

describe his work in sufficient detail. Moses v. Sec’y of Health & Human Servs.

, No. 19

- 739V, 2020 WL 6778002 (Fed. Cl. Spec. Mstr. Oct. 23, 2020). 2

1 The E

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

Promotion of Electronic Government Services), requires that the Court post this decision on its

website. This posting will make the decision available to anyone with the internet. Pursuant to

Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical

information or other information described in 42 U.S.C. § 300aa

- 12(d)(4). Any redactions

ordered by the special master will appear in the document p osted on the website.

2 Familiarity with the October 23, 2020 decision and the standards for adjudications

stated therein is presumed.2

Mr. Moses requested a second award of attorneys’ costs for reimbursement

of work Dr. Brawer performed. Pet’r’s Mot., filed Jan. 18, 2021. The Secretary

deferred to the undersigned’s determination. Resp’t’s Resp., filed Jan. 29, 2021.

This motion is d enied for two reasons. First, the previous decision awarding

attorneys’ fees and cost s reduced the amount of attorneys’ fees and costs at issue.

Thus, petitioner has not justified why a second interim award is appropriate. See

Avera v. Sec’y of Health & Human Servs. , 515 F.3d 1343 , 1352 (Fed. Cir. 2008 ).

Second, petitioner has not offered any evidence to justify the proposed

hourly rate for Dr. Brawer. Moreover, the undersigned has not heard Dr. Brawer

testify. Because the quality of the expert’s wo rk is a factor that should be

considered when determining the appropriate rate, it is advantageous to have heard

the expert witness’s testimony before making this determination when possible.

See Schultz v. Sec’y of Health & Human Servs. , No. 16

- 539V, 201 9 WL 5098963

, at *4

- 5 (Fed. Cl. Spec. Mstr. Aug. 28, 2019) (denying mot ion for reconsideration

on this point); Jones v. Sec’y of Health & Human Servs. , No. 16

- 864V, 2019 WL

5098965 , at *3 (Fed. Cl. Spec. Mstr. Aug. 26, 2019); Nifakos v. Sec’y of Health &

Human Servs. , No. 14

- 236V, 2018 WL 7286553 , at *5 (Fed. Cl. Spec. Mstr. Dec.

12, 2018) (deferring award when expert’s invoice is not detailed); Al

- Uffi v. Sec’y

of Health & Human Servs. , No. 13

- 956V, 2015 WL 6181669, at *14 (Fed. Cl.

Spec. Mst r. Sept. 30, 2015) (noting that interim expert costs are more commonly

awarded after a hearing). Thus, the costs associated with Dr. Brawer are deferred.

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master