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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 68 V

Filed: October 20 , 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

JODY RADIS

, *

* Special Master Gowen

Petitioner, *

*

v. * Attorneys’ Fees and Costs

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Ronald C. Homer

, Conway, Homer & Chin

- Caplan, P.C., Boston, MA

, for petitioner

. Justine E. Walters

, United States Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS 1

On January 27, 2014

, Jody Radis (“ petitioner ”) filed a petition pursuant to the National

Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2012 ). Petitioner alleged

that as a result of receiving a n influenza (“f lu”) vaccination on October 26 , 2011

, s he developed

rotator cuff tendinosis in her left shoulder. Petition at Intro

. On April 28, 2014, respondent filed

a Rule 4(c) report in which she conceded that petitioner is entitled to compensation. Resp. Rep.

at 1

- 2. The undersigned issued a Ruling on Entitlement on April 29, 2014, finding petitioner

entitled to compensation b ased on an injury cause d

- in

- fact by a covered vaccine. On April 24,

2015, respondent filed a Proffer on an award of compensation. On April 27, 2015, a decision

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the

undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in

accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified

as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days

within which to request redaction “of any information furnished by that party: (1) that is a tra de secret or

commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or

similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine

Rule 18(b).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood

Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended, 4 2 U.S.C. §§ 300aa

1 to

- 34 (2012 ) (Vaccine Act or the Act). All citati ons in this decision to individual sections of the Vaccine

Act are to 42 U.S.C.A. § 300aa. Case 1:14-vv-00068-UNJ Document 42 Filed 10/20/15 Page 1 of 22

adopting re spon dent’s Proffer was issued, and J udgment entered on April 29 , 2015.

Petitioner filed a motion for attorneys’ fees and costs on September 18 , 2015

. On

October 5, 2015, respondent filed a response to petitioner’s motion for attorneys’ fees and costs,

stating that “while [she] disagrees with the analysis and findings in [ McCulloch ], respondent has

determined that her resources are not wisely used by continuing to litigate the issues addressed in

that decision.” Response to Motion at 1

- 2. Accordingly, respondent indicated that she “defers to

the special master’s statutory d iscretion in determining a reasonable fee award for this case.” Id.

at 2.

Petitioner here requests a total award of fees and costs in the amount of $ 32,199 .56

. Motion for Attorney Fees & Costs at ¶ A

. This amount includes attorneys’ fees in the amount of

$ 26,386 .20 , and attorneys’ costs in the amount of $ 5,788.36

. Id. Additionally, i n accordance

wi th General Order #9, petitioner represents that he incur red reimbursable costs in pursuit of this

claim in the amount of $ 25.00

. Id. ; Petiti oner and Counsel Statement at 1.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §

300 aa

- 15(e). Based on the reasonableness of petitioner’s request, which is consistent with the

rates and reasoning established in McCulloch , the undersigned GRANTS the request for

approval and payment of attorneys’ fees and costs.

Accordingly, an award should be made as follows:

(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney s at Conway, Homer & Chin

- Caplan

, in the amount of $ 32,174. 56 ; and

(2) in the form of a check payable to petitioner only, Jody Radis , pursuant to

General Order No. 9, in the amount of $ 25.00

.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of

the cour t SHALL ENTER JUDGMENT in accordance herewith

. 3

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review. Case 1:14-vv-00068-UNJ Document 42 Filed 10/20/15 Page 2 of 2