In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-0575V 

Filed: July 21, 2017 

UNPUBLISHED 

SHARI MURRAY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Attorneys’ Fees and Costs

John Robert Howie, Jr., Howie Law, PC, Dallas, TX, for petitioner. 

Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master: 

 

 On May 12, 2016, 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. Petitioner alleged that she suffered Guillain-Barré Syndrome (“GBS”) after 

receiving an influenza vaccination on January 21, 2017. Petition at 1, ¶¶ 1, 28. On 

April 21, 2017, the undersigned issued a decision awarding compensation to petitioner 

based on the parties’ stipulation. (ECF No. 37).

 On June 28, 2017, petitioner filed a motion for attorneys’ fees and costs. 

Petitioner’s Motion for Attorneys’ Fees and Costs (“Pet. Motion.”) (ECF No. 43). 

Petitioner requests attorneys’ fees in the amount of $29,412.50 and attorneys’ costs in 

 

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 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

the amount of $1,604.00 for a total amount of $31,016.50. Id. at 1. In compliance with 

General Order #9, petitioner’s counsel has filed a signed statement from petitioner 

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

as 5th Attachment to Pet. Motion (ECF No. 43-5). 

On July 12, 2017, respondent filed a response to petitioner’s motion. (ECF No. 

44). Respondent argues that “[n]either the Vaccine Act nor Vaccine Rule 13 

contemplates any role for respondent in the resolution of a request by a petitioner for an 

award of attorneys’ fees and costs.” Id. at 1. Respondent adds, however, that he “is 

satisfied the statutory requirements for an award of attorneys’ fees and costs are met in

this case.” Id. at 2. Respondent “respectfully recommends that the Chief Special 

Master exercise her discretion and determine a reasonable award for attorneys’ fees 

and costs.” Id. at 3. 

On July 13, 2017, by email (copying respondent’s counsel on the 

correspondence), the OSM staff attorney managing this SPU case confirmed with 

petitioner’s counsel that petitioner did not wish to file a reply in this case. See Informal 

Remark, dated July 14, 2017. 

The undersigned has reviewed the billing records submitted with petitioner’s 

request. Petitioner’s counsel has requested an increase in rates previously requested 

for work performed in 2015-163 and rates for work performed in 2017, an issue which 

has not yet been addressed in any SPU case. See Pet. Motion at 1 (Table of requested 

rates). The requested rates are within the range corresponding to the experience of the 

attorneys involved.4 Furthermore, the undersigned finds the requested rates to be 

appropriate given the attorneys’ experience and high quality of work. See McCulloch v. 

Sec’y of Health & Human Servs., No. 09-293V, 2015 WL 5634323, at *17 (Fed. Cl. 

Spec. Mstr. Sept. 1, 2015) (discussing the factors which should be considered when 

determining an attorney’s appropriate hourly rate). 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. 

 

3

 For example, petitioner’s counsel has requested an increase in his rate for work performed in 2015-16 

from $300 per hour to $350 per hour. 

4 See http://www.uscfc.uscourts.gov/sites/default/files/Attorneys-Forum-Rate-Fee-Schedule2015-2016.pdf

(last visited on July 19, 2017) (for the OSM’s 2015-16 Fee Schedule); 

http://www.uscfc.uscourts.gov/sites/default/files/Attorneys-Forum-Rate-Fee-Schedule-2017.pdf (last 

visited on July 19, 2017) (OSM’s 2017 Fee Schedule). 
3 

Accordingly, the undersigned awards the total of $31,016.505 as a lump 

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

John Robert Howie, Jr.

 The clerk of the court shall enter judgment in accordance herewith.6

IT IS SO ORDERED. 

s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master 

 

5

 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). 

6 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.