# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 16

- 1217 V Filed: June 1, 2017 U npublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * * NANCY SWEENEY , * * Petitioner, *

v. * * Attorney s’ Fees and Costs; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES

, * * Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul R. Brazil, Muller Brazil, LLP, Dresher, PA

, f or petitioner. Lisa A. Watts , U .S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY S’ FEES AND COSTS 1

Dorsey
, Chief Special Master:

On September 28, 2016

, 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 alleged that s he suffered left shoulder injuries, including Parsonage

- Turner Syndrome (“PTS”), which were caused

- in

- fact by administration of the influenza (“flu”) vaccine on October 2 , 201 4

. On April 26, 2017

, the undersigned issued a decision awarding compensation to petitioner based on t he partie s’ joint stipulation. (ECF No. 19 ).

On May 25, 2017

, petitioner filed a motion for attorneys’ fees and costs. (ECF No. 23 ). Petitioner requests attorneys’ fees in the amount of $1 1,3 67.50 and attorneys’

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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 wi th 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 costs in the amount of $8 10.44 for a total amount of $1 2,177.94 . Id. at 2

. In accordance with General Order #9, petitioner’s counsel represents that petitioner incurred no out

- of

- pocket expenses

. Id.

On May 31, 2017

, respondent filed a response stating that h e “ does not object to the overall amount sought, as it is not an unreasonable amount to have been incurred for proceedings in this case to date .” (ECF No. 24 ). However, the “ lack of objection to the amount sought in this case should not be construed as admission, con c ession, or waiver as to the hourly rates requested, the number of hours billed, or the other litigat ion related costs. ” Id.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. § 15(e). Based on the reasonableness of petitioner’s request and the lack of opposition from respondent , the undersigned GRANTS petitioner’s mo tion for attorneys’ fees and
costs.

Accordingly , the undersigned awards a total of $ 12, 1 77.94
, 3 representing reimbursement for all attorneys’ fees and costs , in the form of a check jointly payable to petitioner and petitioner’s counsel, Paul R. Brazil.

T he 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 filing of notice renouncing the right to seek review.