# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15 -1299V Filed: September 9, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * FELECIA BROO KS -JONES, *

* Petitioner, *

v. * * Attorney s’ Fees and Costs;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *

* Respondent. *

*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian Muller, Muller Brazil, LLP, Dresher, PA

, for petitioner. Ryan Pyles, U .S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY S’ FEES AND COSTS 1

Dorsey, Chief Special Master:

On November 2, 2015

, petitioner 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 (“SIRVA”) as a result of her November 13, 2014 influenza (“flu”)

vaccination

. Petition at ¶¶ 3-4. On July 6, 2016, the undersigned issued a decision awarding compensation to petitioner based on respondent’s proffer to which petitioner agreed. (ECF No. 25 ).

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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). 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, the 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 Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2

On August 16, 2016

, petitioner filed a motion for attorneys’ fees and costs. (ECF No. 29). Petition er requests attorneys’ fees in the amount of $16,151. 50 and attorneys’

costs in the amount of $1,110.67 for a total amount of $17,262.17

. Id. at ¶ 4

. In accordance with General Order #9, petitioner’s counsel represents that petitioner

incurred no out- of -pocket expenses

. Id.

On September 2, 2016 , respondent filed a response to petitioner’s motion. (ECF

No. 31 ). Respondent argues that “[n] either the Vaccine Act nor Vaccine Rule 13 contemplates any role for respondent in the resolution of a request by a petitioner for an award of attorneys’ fees and costs.” Id. at 1. Respondent adds, however, that she “is satisfied the statutory requirements for an award of attorne ys’ fees and costs are met in

this case. ” Id. at 2 (citation omitted). Additionally , she “ asserts that a reasonable amount for fees and costs in the present case would fall between $12,000.00 to $14,000.00 ” but provides no basis or explanation for how she arrived at this proposed

range. Id. at 3.

On September 8, 2016

, petitioner filed a reply. (ECF No. 33 ). Petitioner emphasizes that respondent “ fails to specify any deficiencies, unreasonable items, or billing issues. ” I d. at 4 . Petitioner includes a list of the attorneys’ fees and costs awarded petitioner’s counsel since 2014. Id. at 3-4. Petitioner requests an additional $275.00 in attorneys ’ fees, reflecting one hour of work, required “ to review Respondent ’ s R esponse, perform research, and draft the instant reply. ” Id. at 5.

The undersigned has reviewed the billing records submitted with petitioner’s request. In the undersigned’s experience, the request appears reasonable, and the undersigned finds no cause to reduce the requested hours or rates.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. § 15(e). Based on the reasonableness of petitioner’s request , the undersigned

GRANTS petitioner’s motion for attorneys’ fees and costs.

Accordingly , the undersigned award s $ 1 6 ,426 .50 in attorneys ’ fees and $1,110.67 in attorneys ’ costs for a total award of $ 17,537.17 3 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Maximillian

Muller

.

3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney agains t 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 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).3

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

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

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.