In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-0698V 

Filed: February 13, 2017 

UNPUBLISHED 

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

JOSEPH BRUNNER, *

 * 

 Petitioner, * 

v. * 

 * Attorneys’ Fees and Costs; 

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

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

John Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner. 

Linda Renzi, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master: 

 

 On June 14, 2016, Joseph Brunner (“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” or “Program”). Petitioner alleged that he suffered a shoulder 

injury related to vaccine administration (“SIRVA”) caused-in-fact by the influenza 

vaccine he received on September 28, 2015. Petition at 1, ¶¶ 1, 3, 15. On November 

29, 2016, the undersigned issued a decision awarding compensation to petitioner based 

on respondent’s proffer to which petitioner agreed. (ECF No. 21).

 

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 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

 On January 18, 2017, petitioner filed a motion for attorneys’ fees and costs. 

(ECF No. 25). Petitioner requests attorneys’ fees in the amount of $10,640.00 and 

attorneys’ costs in the amount of $649.46 for a total amount of $11,289.46. Id. at 1. In 

compliance with General Order #9, petitioner has filed a signed statement indicating 

petitioner incurred no out-of-pocket expenses. See General Order #9 Statement, filed 

as the Second Attachment to Petitioner’s Motion for Attorneys’ Fees and Costs (ECF 

No. 25). Respondent did not file a response to petitioner’s motion. 

 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 costs. 

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

GRANTS petitioner’s motion for attorneys’ fees and costs. 

Accordingly, the undersigned awards the total of $11,289.463 as a lump 

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

John Howie, Jr.

 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

 

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), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.