# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 1936 V (not to be published)

MELODY CHESLEY

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: February 6, 2020

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

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for

P etitioner.

Adriana Ruth Teitel , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On December 13, 2017

, Melody Chesley 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 she suffered a Shoulder Injury Related
to Vaccine Administration (“SIRVA”), resulting from the tetanus

- diphtheria

- acellular

p ertussis (“Tdap”) vaccination she received on January 6, 2017

. ( Petition at 1)

. On June

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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) (Fe deral Management and Promotion of Electronic Government Services). This means the decision 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 ot her 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 pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 5, 2019

, a decision was issued awarding compensation to P etitioner based on the
Respondent’s proffer

. (ECF No. 35 )

.

Petitioner has now filed a motion for attorney’s fees and costs, dated January 7,

2020 (ECF No. 39 ) , requesting an award of $ 31,122.62 (representing $ 27,804.30 in fees
and $ 3,318.32 in costs). In accordance with General Order #9 Petitioner filed a signed

statement that she has i ncurred out

- of

- pocket expenses in the amount of $617.50

. ( ECF

No. 40

- 1 )

. Respondent reacted to the motion on January 21, 2020 indicating 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. 41). Petitioner did not file a reply thereafter.

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.

Accordingly

, petitioner is awarded the total amount of $ 31,740.12 3 as follows:

• A lump sum of $ 31,122.62 , representing reimbursement for attorneys’ fees and costs, in the form of a check payable jointly to

P etitioner and P etitioner’s counsel and

• A lump sum of $ 617.50 , representing reimbursement for P etitioner’s costs, in the form of a check payable to pet itioner.

The clerk of the court shall enter judgment in accordance herewith. 4

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran Chief Special Master

3 This amount is intended to cover all legal expenses incu rred in this matter. This award encompasses all charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. Furthermore, § 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that w ould

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).

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