In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-0308V 

Filed: June 22, 2018

UNPUBLISHED

ALAN L. JONES, 

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Attorneys’ Fees and Costs

Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner.

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master:

 

On March 9, 2016, petitioner 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 alleged that he suffered Guillain-Barré syndrome (“GBS”) as a result of 

an influenza (“flu”) vaccine administered on October 16, 2014. Petition at preamble. 

On September 8, 2017, the undersigned issued a decision awarding compensation to 

petitioner based on the respondent’s proffer. (ECF No. 41). 

On March 12, 2018, petitioner filed a motion for attorneys’ fees and costs. (ECF 

No. 48). Petitioner requests attorneys’ fees in the amount of $40,992.50 and attorneys’ 

costs in the amount of $15,937.76. Id. at 2. In compliance with General Order #9, 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 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). 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, the 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 Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2 

petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket 

expenses. Id. at 2. Thus, the total amount requested is $56,930.26. 

 

On March 22, 2018, respondent filed a response to petitioner’s motion. (ECF No. 

49). Respondent argues that “[n]either the Vaccine Act nor Vaccine Rule 13 

contemplates any role for respondent in the resolution of a request by a petitioner for an 

award of attorneys’ fees and costs.” Id. at 1. Respondent adds, however, that he “is 

satisfied the statutory requirements for an award of attorneys’ fees and costs are met in 

this case.” Id. at 2. Respondent “respectfully recommends that the Chief Special 

Master exercise her discretion and determine a reasonable award for attorneys’ fees 

and costs.” Id. at 3. 

Petitioner has filed no reply. 

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, with the following 

exception regarding attorney costs. 

The billing invoices submitted for attorney costs include hotel accommodations in 

Atlanta from Friday, March 17, 2017 through Sunday, March 19, 2017. However, 

attorney billing records show that Mr. Carney billed time working on this case only on 

Friday, March 17, 2017.3 Mr. Carney did not bill for work performed on this case on 

any additional days during his time in Atlanta. Therefore the second night of room 

charges are not compensable. Due to the extended stay in Atlanta, and additional day 

of parking was incurred. The undersigned will reduce the request for costs regarding 

the second night of hotel charges and taxes associated with those charges and the 

additional day of parking.

4 This results in a reduction of costs requested by $275.40. 

 

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 

§ 15(e). Based on the reasonableness of petitioner’s request, the undersigned 

GRANTS petitioner’s motion for attorneys’ fees and costs in the reduced amount. 

Accordingly, the undersigned awards the total of $56,654.865 as a lump 

sum in the form of a check jointly payable to petitioner and petitioner’s counsel 

Lawrence R. Cohan. 

 

3 The invoice submitted for this charges reflects a total of $513.60. (ECF 48-1 at 50). One night hotel plus 

associated taxes is $241.50. 

4 Receipts indicate parking was charged at $24 a day for three days. 

5 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).
3 

 The clerk of the court shall enter judgment in accordance herewith.6

IT IS SO ORDERED.

s/Nora Beth Dorsey

 Nora Beth Dorsey

Chief Special Master

 

6 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.