# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 724 V

Filed: March 24, 2016

U NPUBLISHED

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

SARA ERI C KSON

, *

*

Petitioner, *

v. *

* Attorney s’ Fees and Costs;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES

, *

*

Respondent. *

*

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

Maximillian Muller, Muller Brazil LLP, Dresher, PA

, for petitioner.

Lisa Watts , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY S’ FEES AND COSTS 1

Dorsey

, Chief Special Master:

On August 11, 2014

, Sara Eri c kson (“ p etitioner ”) 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 s he suffered a shoulder injury caused

by the influenza (“flu”) vaccine she received on November 25, 2013 . Petit ion at 1

. On

February 17, 2016

, the undersigned issued a decision awarding compensation to

petitioner based on the parties ’ stipulation

. (ECF No. 28 ).

On February 16, 2016

, petitioner filed a motion for attorneys’ fees and costs.

(ECF No. 26 ). Petitioner requests attorneys’ fees in the amount of $ 2 2,746.00 and

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 wi th

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 undersigne d 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 subpara graph of 42 U.S.C. §

300aa (2012 ).2

attorneys’ costs in the amount of $ 9 02.61 for a total amount of $ 2 3 ,648.61

. 3 In

accordance with General Order #9, petitioner’s counsel represents that petitioner

incurred no out

- of

- pocket expenses

. Id. at ¶ 4. On February 22, 2016 , respondent filed

a response to petitioner’s mot ion. (ECF No. 30)

.

In her response, 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 she “is satisfied the statutory requirements for an award of attorneys’ fees

and costs are met in this case. ” Id. at 2 (citations omit ted )

. Respondent further “ asserts

that a reasonable amount for fees and costs i n the present case wou ld fall between

$ 1 3,000.00 to $ 1 5,000.00 ” but provides no basis or exp lanation for how she arrived at

this proposed range. Id. at 3.

The undersigned has reviewed the billing records subm itted with petitioner’s

request . In the undersigned’s experience, the request appears reasonable, and the

undersigned finds no cause to re duce the requested hours or rates.

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

§ 15(e). Based on the reasonableness of petitioner’s reques t , the undersigned

GRANTS petitioner’s mo tion for attorneys’ fees and costs.

Accordingly , the undersigned award s the total of $ 2 3,648.61 4 as a lump

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

M aximillian Muller

.

T he clerk of the court shall enter judgment in accordance herewith. 5

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

3 Id. at 2

. Although the motion erro neously indicates the total amount of $22,746.00 and $902.61 is

$22,648. 61. It is clear the total amount re quested is $23,648.61.

4 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all

charges by the attorney against a client, “advan ced 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).

5 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.