# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1393 V (not to be published)

LINDA JOY DAVI S

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 15, 2021

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

John Robert Howie, Howie Law, PC, Dallas, TX , for P etitioner.

Claudia Barnes Gangi , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On September 11, 2019 , Linda Joy Davis filed a petition for compensation under
the National Vaccine Injury Compensation Program (“the 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 after receiving a Prevnar

- 13 pneumococcal vaccination
on September 22, 2016 . (Petit ion at 1 ). On September 21, 2020

, a decision was issued
dismissing Petitioner’s case

. (ECF No. 23 )

.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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

3 1 , 2020 (ECF No. 29 ) , requesting a total award of $ 17,540.66 (representing $ 16,902.00
in fees and $ 638.66 in costs). In accordance with General Order No. 9, Petitioner filed a
signed statement indicating that she incurred no out

- of

- pocket expenses. (ECF No. 29

- 4 )

. Respondent reacted to the motion on January 13, 2021, indicating that he is satisfied
that the statutory requirements for an award of attorney’s fees and costs are met in this

case a nd defers to the Court’s discretion to determine the amount to be awarded. (ECF

No. 30 ). On January 1 3 , 2021

, P etitioner filed a reply stating she would not file a

substantive response. (ECF No. 31 )

.

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 $ 17,540.66 (representing $ 16,902.00 in fees and $ 638.66 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.