# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 401 V (not to be published)

ARGELIO GARCIA

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: July 26, 2021

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

Douglas Lee Burdette, Burdette Law, PLLC, North Bend, WA , for P etitioner.

Traci R. Patton , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On March 15, 2018

, Argelio Garcia 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 he suffered a shoulder injury related to vaccine
administration as a result of an influenza vaccine administered on September 14 , 2017

. ( Petition at 1 )

. On January 28, 2021

, a decision was issued awarding compensation to

P etitioner based on the parties’ stipulation

. (ECF No. 67 )

.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 pert inent subpara graph of 42 U.S.C. § 300aa (2012 ).2 Petitioner has now filed a motion for attorney’s fees and costs, dated July 7, 2021
(ECF No. 71 ) , requesting a total award of $ 18,223.26 (representing $ 15,507.25 in fees
and $ 2,716.01 in costs). In accordance with General Order No. 9, Petitioner filed a signed

statement indicating he incurred no out

- of

- pocket expenses. (ECF No. 71

- 3 )

. Respondent

reacted to the motion on July 8, 2021, indicating that he is satisfied that the statutory
requirements for an award of attorney’s fees and costs are met in this case

, but deferring
resolution of the amount to be awarded to my discretion

. (ECF No. 72 ). 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

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

award a total of $ 18,223.26 (representing $ 15,507.25 in fees and $ 2,716.01 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 dec ision. 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.