# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-1149V Filed: March 10, 2016
UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ANDREA GASAWAY, *

* Petitioner, *

v. * * Attorneys’ Fees and Costs; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner. Althea Walker Davis, U.S. Department of Ju stice, Washington, D.C., for respondent.

DECISION ON ATTORNE YS’ FEES AND COSTS 1

Dorsey, Chief Special Master:

On November 25, 2015, Andrea Gasaway filed a petition for compensation under the National Vaccine Injury Compens ation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleged that she suffered brachial neuritis (Parsonage Turner Syndrome) as a result of a tetanus, dipht heria, acellular pertussis (“Tdap”) vaccine she received on December 1, 2011. Amended Pe tition at 1. On January 13, 2016, the undersigned issued a decision awarding co mpensation to petitioner based on the parties’ joint stipulation.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims' website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 no te (2012)(Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioners have 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).On March 9, 2016, petitioner filed an unopposed motion for attorneys’ fees and costs. Petitioner requests $14,918.00, in atto rneys’ fees, and $1,630.45, in costs for a total of $16,548.45. Id. at 1. In compliance with General Order #9, pet itioner states that she incurred no out-of-pocket expenses.

The Vaccine Act permits an award of r easonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). Bas ed on the reasonableness of petitioner’s request and the lack of opposition from respondent, the undersigned GRANTS petitioner’s application for attorneys’ fees and costs. 3

Accordingly, the undersigned awards th e total amount of $16,548.45, as a lump sum in the form of a check payabl e jointly to petitioner, Andrea Gasaway, and petitioner’s counsel, John R. Howie, Jr.

The clerk of the court shall ent er judgment in accordance herewith. 4 IT IS SO

ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

3 In other cases, the undersigned has reduced attorneys’ fees where multiple attorneys worked on a file. The undersigned recognizes that the amount sought fo r attorneys’ fees and costs is higher than the amounts awarded in the majority of special processing unit cases due to the greater complexity involved in ascertaining damages in this case. The undersi gned finds the overall amount to be reasonable given the circumstances in this case and thus, will not redu ce the amount of fees sought. However, the practice of having multiple attorneys work on a file is discou raged, and may result in a reduction in fees in other

cases.

4 Entry of judgment can be expedited by each party’s fili ng of a notice renouncing the right to seek review.

See Vaccine Rule 11(a).