# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-1190V Filed: December 30, 2016
UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * ALICIA LUSK, *

* Petitioner, * Attorneys’ Fees and Costs; v. * Special Processing Unit (“SPU”)

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Diana Lynn Stadelnikas, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner. Adriana Ruth Teitel, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION ON ATTORNE YS’ FEES AND COSTS 1

Dorsey, Chief Special Master:

On October 13, 2015, petit ioner filed a petition fo r compensation under the National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq., 2 (the “Vaccine Act”). Petitioner alleged that she suffered left arm pain that was caused by a November 1, 2013 influenza (“flu”) vaccination. (ECF No. 1). On September 21, 2016, the undersigned issued a decision awarding compensation to petitioner based on respondent’s Proffer. (ECF No. 39).

On December 6, 2016, petit ioner filed a motion for atto rneys’ fees and costs. (ECF No. 45). Petitioner requests attor neys’ fees in the amount of $20,998.30,

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 attorneys’ costs in the am ount of $1,020.06, and pet itioner’s out-of-pocket costs in the amount of $73.90 for a tota l amount of $22,092.26. Id. at 1-2. In compliance with General Order #9, petitioner has filed a sign ed statement indicati ng petitioner incurred $73.90 in out-of-pocket expenses. (ECF No. 49).

On December 21, 2016, respondent filed a re sponse to petitioner’s motion. (ECF No. 46). Respondent argues that “[n]eit her the Vaccine Act nor Vaccine Rule 13 contemplates any role for respondent in the re solution of a request by a petitioner for an award of attorneys’ fees and costs.” Id. at 1. Respondent adds, however, that she “is satisfied the statutory requirements for an award of attor neys’ fees and costs are met in

this case.” Id. at 2. Respondent “respectfully recommends that the special master

exercise her discretion and determine a r easonable award for attorneys’ fees and

costs.” Id. at 3.

On December 28, 2016, petitioner filed a re ply. (ECF No. 47). Petitioner argues that “the fees and costs incurred by [p]eti tioner are reasonable and should be awarded

without reduction.” Id. at 3.

The undersigned has reviewed the billing records submitted with petitioner’s request. In the undersigned’s experience, the request appears reasonable, and the undersigned finds no cause to reduce the requested hours or rates.

The Vaccine Act permits an award of reasonable attorneys’ fees and cost s. § 15(e). Based on the reasonableness of petitioner’s request, the undersigned
GRANTS petitioner’s motion for atto rneys’ fees and costs.

Accordingly, the undersigned awards the total of $22,092.26 3 as follows:

 A lump sum of $22,018.36, representing reimbursement for attorneys’ fees and costs, in the form of a check payable jointly to petitioner and petitioner’s coun sel, Diana Lynn Stadelnikas; and

 A lump sum of $73.90, representing reimbursement for petitioner’s costs, in the form of a ch eck payable to petitioner.

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 co sts” as well as fees for legal services rendered. Furthermore, § 15(e)(3) prevents an attorney from char ging 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).3 The clerk of the court shall enter judgment in accordance herewith. 4

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

4 Pursuant to Vaccine Rule 11(a), entry of judgment c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.