# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 18

- 1475 V (not to be published)

JUDITH DAY

,

Petitioner,

v.

S ECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

F iled: September 22, 2020

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

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA , for P etitioner.

C olleen Clemons Hartley , U.S. Department of Justice, Washington, DC, for R espondent.

DE CISION ON ATTORNEY ’S FEES AND COSTS 1

On September 26, 2018

, Judith Day 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 a shoulder injury related to vaccine administration as a result of an influenza vaccine administered on October 29, 2016

. ( Petition at 1). On August 12, 2020

, a decision was issued awarding compensation to P etitioner based on the parties’ stipulation

. (ECF No. 33 ).

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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

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 ). 

### Co rrected2 Petitioner has now filed a motion for attorney’s fees and costs, dated August 28, 2020

, (ECF No. 37 ) , requesting a total award of $ 13,839.60 (representing $ 13,3 54 .20 in fees and $ 485.40 in costs) 3 . In accordance with General Order #9 , counsel for Petitioner represents that Petitioner incurred no out

- of

- pocket expenses. ( Id . at 2 )

. Respondent reacted to the motion on August 28, 2020 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 di scretion to determine the amount to be awarded. Petitioner did not file a reply thereafter.

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.

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 $ 13,839.60 (representing $ 13,3 5 4 .20 in fees and $ 485.40 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. 4

IT IS SO ORDERED.

s/ Brian H. Corcoran Brian H. Corcoran Chief Special Master

3 Petitioner ’s motion con tained a typographical error at page 2 s tating the amoun t of attorney ’s fees totaled $13,345 .20. The c orrect amount of attorney ’s fees inc urred in th is matter was $13,354.20

. ( ECF No. 37 at 11 )

.

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