# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-1019V Filed: March 16, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RUTH WHATLEY, *

* Petitioner, *

v. * * Attorneys’ Fees and Costs;

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

* Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Diane Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNE YS’ FEES AND COSTS 1

Dorsey, Chief Special Master:

On September 14, 2015, petitioner fil ed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., 2 (the “Vaccine Act”). Petitioner a lleged that the influenza (“flu”) vaccination that she received on November 4, 2014 caused her to suffer a shoulder injury. Petition at 1, 3. On January 15, 2016, the undersigned issued a decision awarding compensation to petitioner based on respondent’s Proffer. (ECF No. 13).

On March 10, 2016, petiti oner filed an unopposed motion for attorneys’ fees and costs. (ECF No. 17). 3 Petitioner requests attorneys’ fees in the amount of $10,692.60

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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 inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he 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).

3 In the motion, petitioner states that resp ondent has no objection to petitioner’s request.2 and attorneys’ costs in the amount of $1,547.85 for a total amount of $12,240.45. Id. at 1. In compliance with General Order #9, petitioner has filed a signed statement indicating petitioner incurred no out-o f-pocket expenses. (ECF No. 18).

The Vaccine Act permits an award of reasonable attorneys’ fees and cost s. § 15(e). Based on the reasonab leness of petitioner’s reques t and the lack of opposition from respondent, the undersigned GRANTS petitioner’s application for attorneys’ fees

and costs. 4

Accordingly, the undersigned awards the total of $12,240.45 5 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel, Amber D. Wilson, Ph.D, Esq.

The clerk of the court shall ent er judgment in accordance herewith. 6

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

4 The undersigned is granting petitioner’s motion ba sed on the reasonableness of the overall amount sought for attorneys’ fees and costs given the circumstances in this case. This decision should not be interpreted as an acceptance of the reasonableness of eit her the hourly rate or amount of hours billed in this case. In other cases, the undersigned may reduce either the hourly rate requested or the amount of

hours billed.

5 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 co sts” as well as fees for legal services rendered. Furthermore, § 15(e)(3) prevents an attorney from char ging 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).

6 Pursuant to Vaccine Rule 11(a), entry of judgment c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.