# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1450 V

Filed: May 4, 2016

U NPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

JAMIE EDWARDSON

, *

*

Petitioner, *

v. *

* Attorney s’ Fees and Costs;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES

, *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Andrew Downing

, Van Cott & Talamante, PLLC, Phoenix , AZ, for petitioner.

Camille Collett

, U.S. Department of Justice, Washington, DC, for respondent

.

DECISION ON ATTORNEY S’ FEES AND COSTS 1

Dorsey

, Chief Special Master:

On December 1, 2015 , Jamie Edwardson (“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” or “Program”). Petitioner alleges that she

suffered “a severe injury to her shoulder injury after receiving an influenza vaccination

on October 13, 2014.” Petit ion at 1

. On April 19, 2016, th e undersigned issued a

decision awarding compensation to petitioner based on respondent’s proffer to which

petitioner agreed

. ECF No. 20

.

On April 20, 2016

, petitioner filed a motion for attorneys’ fees and costs. ECF

No. 22

. Petitioner requests attorneys’ fees in the amount of $ 6,010 .00 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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

i dentify 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 re dact 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 $ 659.94 for a total amount of $ 6,669.94

. Id

. In accordance with

General Order #9, petitioner’s counsel represents that petitioner incurred no out

- of

pocket expenses

. Id.

On April 20, 2016

, respondent filed a respons e indicating she “ does not object to

the overall amount sought, as it is not an unreasonable amount to have been incurred

for proceed ings in this case to date. ” (ECF No. 23). Respondent further indicates

, however, that her “ lack of objection to the amount sought in this case should not be

construed as admission, concession, or waiver as to the hourly rates requested, the

number of hours billed, or the other litigation 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 application for attorneys’ fees

and costs.

Accordingly , the undersigned award s the total of $ 6,669.94 3 as a lump sum

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

Andrew Downing

.

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 expe dited by the parties’ joint filing of notice

renouncing the right to seek review.