# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 0058 V (not to be published)

ROBBIE HARTLEY

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 11, 2019

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

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA , for P etitioner.

Sarah Christina Duncan , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On January 11, 2018

, Robbie Hartley ( “ 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 Shoulder Injury Related
to Vaccine Administration (SIRVA)

. ( Petition at 1 )

. On November 7 , 2019

, a decision

was issued awarding compensation to P etitioner based on the parties’ stipulation

. (ECF

No. 49 )

.

Petitioner has now filed a motion for attorney’s fees and costs, dated November

18 , 2019

, (ECF No. 53 ) , requesting a total award of $ 16,768.99 (representing $ 15,952.10

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 ruling 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 per tinent subpara graph of 42 U.S.C. § 300aa (2012 ).2 in fees and $ 816.89 in costs). In accordance with General Order #9, counsel for Petitioner
represents that Petitioner incurred no out

- of

- pocket expenses. ( Id @ 2 )

. Respondent

reacted to the motion on December 2, 2019 in dicating that he is satisfied that the statutory
requirements for an award of attorney’s fees and costs are met in this case and defers to

the Court’s discretion to determine the amount to be awarded. (ECF No. 54). Petitioner
did not file a reply thereaft er.

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

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

award a total of $ 16,768.99 (representing $ 15,952.10 in attorney’s fees and $ 816.89 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 decision. 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.