# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15 -1227V Filed: December 15, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * LEA LYDON, *

* Petitioner, *

v. * * Attorney s’ Fees and Costs;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * Franklin Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL

, for petitioner. Douglas Ross , U .S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY S’ FEES AND COSTS 1

Dorsey, Chief Special Master:

On October 21, 2015

, 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 alleges that she suffered a left shoulder injury as a result of her October 10, 2014 influenza vaccination

. Petition at 1-3. On June 28, 2016, the undersigned issued a decision awarding compensation to petitioner based on respondent’s proffer

to which petitioner agreed. (ECF No. 31 ).

On November 18, 2016

, petitioner filed a motion for attorneys’ fees and costs. (ECF No. 36 ). Petition er requests attorneys’ fees in the amount of $17,178.40 and

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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

attorneys’ costs in the amount of $958.62 for a total amount of $18,137.02

. Id. at ¶¶ 3- 4, 9. In compliance with General Order #9, petitioner filed a signed statement indicating

she incurred no out- of -pocket expenses. 3 See Exhibit 15, filed as an attachment to

Petitioner ’ s Motion (ECF No. 36).

On November 22, 2016 , respondent filed a response to petitioner’s motion. (ECF

No. 37 ). R espondent 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 she “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

an d costs. ” Id. at 3.

On December 2, 2016

, petitioner filed a reply. (ECF No. 38 ). Petitioner maintains she has provided “ sufficient and complete evidence herein on the reasonableness of her requested attorneys ’ fees and her case costs. ” Id . at 5.

The undersi gned has reviewed the billing records submitted with petitioner’s request. 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.

Accordingly , the undersigned award s the total of $ 18,137.02 4 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel F. John Caldwell, Jr

. Per petitioner ’ s request, the check Petitioner requests that the

check shall be forwarded to Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota, FL, 34236.

The clerk of the court shall enter judgment in accordance herewith. 5

3 Additionally, in accordance with General Order #9, petitioner’s counsel represents that petitioner

incurred no out- of -pocket expenses

. Petitioner ’ s Motion at ¶ 6.

4 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).

5 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.3

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master