SHAWNA HASKINS

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

File d: June 24 , 2022

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

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA , for P etitioner.

Claudia Barnes Gangi , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’S FEES AND COSTS 1

On N ovember 16, 2018, Shawna Haskins 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 Guillain

- Barre Syndrome as a result of her influenza vaccination received on November 27, 2015. ( Petition at 1). On January 11 , 2022, a decision was issued awarding compensation to Petitioner based on the Respondent’s proffer

. ( ECF No. 77).

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 

# In **th e**  **United S**  **tates C**  **o urt of Federal Claims** 

OFFICE O F S PECIAL MASTERS

No. 18

- 1776 V ( not t o be pu blished)2 • A l ump sum of $ 68,438.06 , representing reimbursement for fees and costs, in the form of a check payable jointly to Petitioner and Petitioner’s counsel and;

• A lump sum of $ 15.75 , representing reimbursement for Petitioner’s costs, in the form of a check payable to Petitioner.

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. 4

IT IS SO ORDERED.

s/ Brian H. Corcoran Bri an H. Corcoran Chief Special Master

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 costs” as well as fees for legal services rendered. Furthermore, § 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).

4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. Petitioner has now filed a motion for attorney’s fees and costs, dated May 10 , 2022, (ECF No. 82 ) , requesting a total award of $ 68, 438.06 (representing $ 56,742.00 in fees and $ 11,696.06 in costs). In accordance with General Order No. 9, Petitioner filed a signed statement indicating that Petitioner incurred out

- of

- pocket expenses in the amount of $15.75

. ( ECF No. 83 )

. Respondent reacted to the motion on May 23 , 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 to my discretion. (ECF No. 84 )

. 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 p ermits an award of r easonable attorney ’ s f ees and costs

. Section 15(e). Accordingly , p etitioner i s awarded the t otal a mount of $ 68,453.81 3 as f ollows: