1

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: September 6, 2017 

 

* * * * * * * * * * * * * * * UNPUBLISHED 

CAROL KATORA, *

* No. 16-1086V 

Petitioner, * 

 * 

v. * Chief Special Master Dorsey 

 * 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * Reasonable Attorneys’ Fees and Costs; 

 * Influenza (“flu”) vaccine; Optic 

Respondent. * Neuritis. 

 *

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

Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner. 

Lara Ann Englund, U.S. Department of Justice, Washington, D.C., for respondent.

DECISION AWARDING ATTORNEYS’ FEES AND COSTS1

On August 16, 2017, Carol Katora (“petitioner”) filed a motion for attorneys’ fees and 

costs, requesting $35,014.00 in attorneys’ fees for her counsel, Lawrence R. Cohan and David J. 

Carney of Anapol Weiss, and $4,287.40 in costs, for a total of $39,301.40. Petitioner’s 

Application (“Pet. App.”) dated Aug. 16, 2017 (ECF No. 31) at 2. Petitioner did not incur any 

out-of-pocket expenses related to the litigation. Id. On August 21, 2017, respondent filed a 

general response in which he deferred to the undersigned’s discretion in awarding an appropriate 

amount of fees and costs. Respondent’s Response (“Resp. Res.”) dated August 21, 2017 (ECF 

No. 32). Petitioner did not file a reply. For the reasons discussed below, the undersigned 

GRANTS petitioner’s application for attorneys’ fees and costs and awards a total of $39,301.40. 

 

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, 44 U.S.C. § 3501 note 

(2012)(Federal Management and Promotion of Electronic Government Services). 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 trade 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). 
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I. Procedural History 

On August 31, 2016, Carol Katora (“petitioner”) filed a petition in the National Vaccine 

Injury Compensation Program2alleging that she suffered optic neuritis as the result of an 

influenza vaccination she received on October 21, 2015. Petition at Preamble. On June 1, 2017, 

the parties filed a stipulation in which they stated that a decision should be entered awarding 

compensation. On June 1, 2017, the undersigned issued a decision based on the parties’ 

stipulation awarding petitioner $132,537.45. Decision dated June 1, 2017 (ECF No. 26). 

II. Reasonable Attorneys’ Fees

Under the Vaccine Act, the special master shall award reasonable attorneys’ fees and 

costs for any petition that results in an award of compensation. 42 U.S.C. §300aa-15(e)(1). In 

this case, petitioner was awarded compensation and therefore is entitled to an award of 

reasonable attorneys’ fees and costs. 

Petitioner requests $400.00 per hour to compensate Mr. Lawrence Cohan for work he 

performed in 2016 and 2017. Petitioner further requests $275.00 per hour to compensate Mr. 

David Carney for work performed between June and September 2016, and $290.00 per hour for 

work performed from September 2016 through August 2017. The firm also requests $145.00 per 

hour for paralegal work performed in 2016 and 2017. All of these hourly rates fall within the 

Office of Special Masters’ 2016 and 2017 Fee Schedules.3

Special Master Gowen has previously found the above requested hourly rates of Mr. 

Cohan and Mr. Carney to be reasonable. M.G. v. Sec’y of Health & Human Servs., No. 15-

344V, 2017 WL 1228701 (Fed. Cl. Spec. Mstr. March 7, 2017). The undersigned agrees with 

Special Master Gowen’s reasoning and awards the requested rates in full. 

After reviewing petitioner’s application and supporting documentation, including 

counsel’s billing records, the undersigned finds the work performed and time expended 

reasonable and compensates petitioner in full.4

 

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, 

42 U.S.C. §§ 300aa-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this decision 

to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 

3 The 2015-2016 Fee Schedule can be accessed at: 

http://www.cofc.uscourts.gov/sites/default/files/Attorneys-Forum-Rate-Fee-Schedule2015- 

2016.pdf. The 2017 Fee Schedule can be accessed at: 

http://www.cofc.uscourts.gov/sites/default/files/Attorneys-Forum-Rate-Fee-Schedule-2017.pdf. 

The hourly rates contained within are from the decision McCulloch v. Sec’y of Health & Human 

Servs., No. 09-093V, 2015 WL 5634323 (Fed. Cl. Spec. Mstr. Sept. 1, 2015). 

4 Counsel should note that billing records should contain separate billing entries for each task 

billed, so as to avoid block billing. Block billing, or billing large amounts of time without 

sufficient detail as to what tasks were performed, is clearly disfavored. Broekelschen v. Sec’y of 
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III. Reasonable Costs 

Like attorneys’ fees, a request for reimbursement of costs must be reasonable. Perreira v. 

Sec’y of Health & Human Servs., 27 Fed. Cl. 29, 34 (Fed. Cl. 1992). Petitioner’s counsel 

requests $4,287.40 in attorneys’ costs for expenses incurred by the firm. Pet. App. at 16. This 

includes payment of the filing fee, medical records, postage, and Mr. Carney’s transportation 

costs to and from Harrisburg. Id. Petitioner’s request also includes payment of $3,000.00 for the 

services of Dr. Michael Altman, M.D. Dr. Altman submitted an invoice detailing that he spent a 

total of 6 hours of work on the case, billed at $500.00 per hour, during which time he reviewed 

petitioner’s medical records and drafted an expert report. Pet. App. at 18. The undersigned finds 

these costs reasonable and awards them in full. 

IV. Conclusion 

Based on all of the above, the undersigned finds that petitioner is entitled to a 

reimbursement of attorneys’ fees and costs as follows: 

Attorneys’ Fees

Requested: $35,014.00 

Reductions: ($0.00) 

Awarded: $35,014.00 

Attorneys’ Costs

Requested: $4,287.40 

Reductions: ($0.00) 

Awarded: $4,287.40 

Total Fees and Costs

Total Award: $39,301.40 

The undersigned thus awards compensation for attorneys’ fees and costs in the form 

of a check payable jointly to petitioner, Carol Katora, and her attorney, Lawrence R. 

Cohan, in the amount of $39,301.40. 

 

Health & Human Servs., 2008 U.S. Claims LEXIS 399 (Fed. Cl. Spec. Mstr. Dec. 17, 2008) at 

**13-14 (reducing petitioner’s attorneys’ fees and criticizing her for block billing); see also 

Jeffries v. Sec’y of Health & Human Servs., 2006 U.S. Claims LEXIS 411, *8 (Fed Cl. Spec. 

Mstr. Dec. 15, 2006); Plott v. Sec’y of Health & Human Servs., 1997 U.S. Claims LEXIS 313, 

*5 (Fed. Cl. Spec. Mstr. April 23, 1997). Indeed, the Vaccine Program’s Guidelines for Practice 

state, “Each task should have its own line entry indicating the amount of time spent on that task. 

Several tasks lumped together with one time entry frustrates the court’s ability to assess the 

reasonableness of the request.” Office of Special Masters, Guidelines for Practice Under the 

National Vaccine Injury Compensation Program (Rev. Ed. 2004) § XIV.A.3. 
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 In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of 

Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.5

IT IS SO ORDERED.

 /s/ Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master 

 

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

filing of notice renouncing the right to seek review.