# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16 -0698V Filed: February 13, 2017
UNPUBLISHED

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

J OSEPH BRUNNER, *

* Petitioner, *

v. * * Attorney s’ 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 ATTORNEY S’ FEES AND COSTS 1

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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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 Va ccine 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 r esponse to petitioner’s motion.

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 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 mo tion for attorneys’ fees and costs.

Accordingly , the undersigned award s the total of $ 11,289.46 3 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 f iling of notice renouncing the right to seek review.