# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 0010 V (not to be published)

MAUREEN PASCUAL

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 5, 2019

Special Processing Unit (SPU);
Attorney’s Fees and Costs

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for

P etitioner.

Darryl R. Wishard , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On January 2, 2018

, Maureen Pascual (“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 she suffered Guillain

Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine she received on

October 28, 2016

. ( Petition at 1 )

. On May 17, 2019

, a decision was issued by then Chief

Special Master Dorsey, awarding compensation to P etitioner based on the Respondent’s
proffer. (ECF No. 34 ).

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E

- Government Act

of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the ruling 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 privac y. If, upon review, I agree that the identified material fits within this definition, I 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 has now filed a motion for attorney’s fees and costs, dated November

25, 2019

, (ECF No. 39 ) , requesting a total award of $ 31,855.67 (representing $ 28,680.50
in fees and $ 3,175.17 in costs). In accordance with General Order #9, Petitioner filed a
signed statement that Petitioner incurred no out

- of

- pocket expenses. ( Id.at 2 ) )

. Respondent reacted to the motion on November 26 , 2019 indicating that he is satisfied
that the statutory requirements for an award of attorney’s fees and costs are met in this

case and defers to the Court’s discretion to determine the amount to be awarded. (ECF
No. 40). On November 26, 2019

, P etitioner filed a reply requesting the Court award all
fees requested

. (ECF No. 41).

I have reviewed the billing records submitted with P etitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested

hours or rates.

CONCLUSION

The Vaccine Act permits an award of reasonable attorney ’ s fees and costs

. §
15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney ’ s fees and costs. I

award a total of $ 31,855.67 (representing $ 28,680.50 in fees and $ 3,175.17 in costs) as
a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel

. In the absence of a timely

- filed motion for review (see Appendix B to the Rules of the
Court), the Clerk shall enter judgment in accordance with this decision. 3

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran Chief Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.