# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1941 V (not to be published)

SHARON MUELLER

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 21, 2021

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

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

P etitioner.

Alexa Roggenkamp , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On December 19, 2018

, Sharon Mueller 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 as a result of an influenza vaccine she received on November 10 , 2017

. ( Petition at 1 )

. On March 3, 2021

, a decision was issued awarding compensation to

P etitioner based on the parties’ stipulation

. (ECF No. 38 )

.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 D ecision 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 pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2 Petitioner has now filed a motion for attorney’s fees and costs, dated August 29,

2021 (ECF No. 43 ) , requesting a n award of $ 37,777.99 (representing $ 35,416.30 in fees
and $ 2,361.69 in costs). In accordance with General Order No. 9, Petitioner filed a signed

statement indicating that she incurred out

- of

- pocket expenses. ( Id. at 2). Respondent

reacted to the motion on September 13, 2021, indicating that he is satisfied that the
statutory requirements for an award of attorney’s fees and costs are met in this case

, but
deferring resolution of the amount to be awarded to my discretion

. (ECF No. 44 ). On
September 14, 2021

, P etitioner filed a reply requesting fees and costs be awarded in full

. (ECF No. 45 )

.

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

. Se ction 15(e). Accordingly

, Petitioner is awarded the total amount of $ 37,795.39 3

as follows:

• A lump sum of $ 37,777.99 , 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 $ 17.40 , representing reimbursement for petitioner’s costs, in the form of a check payable to P etitioner.

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 decisi on. 4

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran Chief Special Master

3 This amount is intended to cov er all legal expenses incurred 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 fee s (including costs) that would

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), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.