# In the Unit ed States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: April 23, 20 21

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

STEPHEN GRIVNA as Father and * UNPUBLISHED Natural Guardian for M.G., *

*
Petitioner, * No. 1 5

- 1286 V

* Special Master Gowen

v. *

* Attorneys’ Fees and Costs

SECRETARY OF HEALTH *
AND HUMAN SERVICES, *

* Respondent. *

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

Jeffrey S. Pop

, Jeffrey S. Pop & Associates, Beverly Hills, CA

, for Petitioner. Lara A. Englund , United States Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS 1

On December 30 , 2020, Stephen Grivna (“Petitioner”) filed a motion for attorneys’ fees

and costs. Motion for Attorne y Fees and C o sts (“Fees App.”) (ECF No. 119 ). For the reasons
discussed below, I GRANT Petitioner ’ s motion for attorneys’ fees and costs and award a total of $ 290,872.85

.

I. Procedural History

On October 29, 2015

, Petitioner

, on behalf of his minor child M.G.

, filed a petition in the National Vaccine Injury Compensation Program

. 2 Petitioner alleged that as a result of receiving

an influenza vaccine on November 20, 2013

, M.G. suffered from injuries including acute

1 I intend to post this Ruling on the United States Court of Federal Claims' website. This means the R uling 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. Because this unpublished ruling contains a reasoned explanation for the action in this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 acc ordance with the E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services).

2 The National V accine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injur y Act of 1986, Pub L. No. 99

- 660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa

- 1 to

- 34 (2012) (“Vaccine Act” or “the Act”). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2

disseminated encephalomyelitis

. See Petition (E CF No. 1). On June 24 , 2020, the parties filed a stipulation, which I adopted as my decision awarding compensation on the same day . (ECF No.

113 ).

On December 30 , 2020 , Petitioner filed a motion for final attorneys’ fees. Petition er request s compensation for h is atto rney , Mr. Jeffrey Pop

, i n the total amount of $ 290 ,872.85

, representing $ 176,058.90 i n attorneys’ fees and $ 114,813.95 in costs. Fees App. at 2

. Pursuant to
General Order No. 9, Petitioner warrant s h e has not personally incurred any costs in pursuit of t his

claim

. Fees App. Ex. 12. Respondent reacted to the fees motion on January 4 , 2021

, stating that “Respondent is satisfied the statutory requirements for an award of attorneys’ fees and costs are

met in t his case

. ” R esponse at 2

. (ECF No. 120 ). Petitioner did not file a reply thereafter.

The matter is now ripe for adjudication.

II. Analysis

Section 15(e) (1) of the Vaccine Act allows for the Special Master to award “reasonable

attorneys ' fees , and other costs.” § 300aa

– 15(e)(1)(A)

– (B). Petitioners are entitled to an award of

reasonable attorneys ' fees and costs if they are entitled to compens ation under the Vaccine Act, or, even if they are unsuccessful , they are eligible so long as the Special Master finds that the petition was filed in good faith and with a reasonable basis. Avera v. Sec'y of Health & Human Servs. , 515 F.3d 1343, 1352 (Fed. Cir. 2008). Here, because Petitioner was awarded compensation pursuant to a stipulation, he is entitled to a final award of reasonable attorneys’ fees and costs.

Petitioners “bea[r] the burden of establishing the hours expended, the rates charged, and

the expenses incurred” are reasonable. Wasson v. Sec'y of Health & Human Servs. , 24 Cl. Ct. 482, 484 (1993). Adequate proof of the claimed fees and costs should be presented when the motion is

filed. Id. at 484 n. 1 . The special master has the discretion to reduce awards sua sponte , independent of enumerated objections from the respondent. Sabella v. Sec'y of Health & Human Servs. , 86 Fed.
Cl. 201, 208

– 09 (Fed. Cl. 2009); Savin v. Sec'y of Health & Human Servs

. , 85 F ed. Cl. 313 (Fed. Cl. 2008), aff'd No. 99

– 537V, 2008 WL 2066611 (Fed. Cl. Spec. Mstr. Apr. 22, 2008).

a. Attorneys’ Fees

I have reviewed the rates requested by P etitioner for the work of his counsel , Mr. Jeffrey Pop and Ms. Kristina Grigorian

, and I find th e rates requested herein to be consistent with what they have previously been awarded for their Vaccine Program work and reasonable in light for the work performed in this case.

Turning next to review of the submitted billing statement, I find that the overall hours spent

on this matter to be reasonable

. Although the number of hours billed in this matter is significant, given the length of this case as well as the significant work required to procure the work of the various experts and professions that was necessary to ultimately obtain a favorable result for Petitioner, the hours billed reflect a reasonable amount of time to expend on this case. The entries accurately describe the work being performed and the length of time it took to perform each task

and Respondent also has not identified any particular entries as being objectionable. Therefore,3

Petitioner is entitled to final attorneys’ fees of $ 176,058.90

.

b. Attorneys’ Costs

Li ke attorneys’ fees, a request for reimbursement of costs must be reasonable. Perreira v. Sec’y of Health & Human Servs. , 27 Fed. Cl. 29, 34 (Fed. Cl. 1992). Petitioner requests total attorneys’ costs in the amount of $ 114,813.95 , representing acquisition o f medical records, postage, the Court’s filing fee, travel

- related expenses, and work performed by various experts, including three medical experts, a life care planer, an economic expert, and an attorney specializing in guardianship work

. Petitioner has provided adequate documentation supporting all of the requested costs, and all appear reasonable in my experience. Petitioner is therefore entitled to the full amount of costs sought.

III. Conclusion

In accordance with the foregoing, Petitioner ’ s motion for attorneys’ fees and costs is

GRANTED . I find that Petitioner is entitled to a reimbursement of attorneys’ fees and costs as

follows:

Attorneys’ Fees Requested $ 176,058.90
(Reduction of Fees)

- Total Attorneys’ Fees Aw arded $ 176,058.90

Attorneys’ Costs Requested $ 114,813.95
(Reduction of Costs)

- Total Attorneys’ Costs Awarded $ 114,813.95

Total Attorneys’ Fees and Costs $ 290,872.85

Accordingly, I award a lump sum in the amount of $ 290,872.85

, representing

reimbursement for P etitioner ’ s attorneys’ fees, in the form of a che ck payable to P etitioner

and h is attorney, M r. Jeffrey Pop

. 3

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court shall enter judgment in accordance herewith. 4

IT IS SO ORDERED.

3 This amount is in tended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney against a client, “advanced costs,” and fees for legal services rendered. Furthermore, Section 15(e)(3) prevents an attorney from charging or col lecting 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 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. Vaccine Rule 11(a).4 / s/ Thomas L. Gowen

Thomas L. Gowen Special Master