# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 0546 V

Filed: February 24, 2017

U NPUBLISHED

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

SANDRA R. HUGHES

, *

*

Petitioner, *

v. *

* Attorney s’ Fees and Costs;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES

, *

*

Respondent. *

*

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

Milton Clay Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for petitioner.

Lisa Watts , U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY S’ FEES AND COSTS 1

Dorsey

, Chief Special Master:

On May 4, 2016 , Sandra R. Hughes (“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” or “Program”). Petitioner alleged that she

suffered cellulitis, a hematoma, and an abscess resulting from the pneumococcal

conjugate vaccination she received on November 21, 2014. Petit ion at 1, ¶¶ 2, 7, 15.

On October 7, 2016

, the undersigned issued a decision awarding compensation to

petitioner based on respondent’s proffer to which petitioner agreed. (ECF No . 18 ).

On January 30, 2017

, petitioner filed a motion for attorneys’ fees and costs.

(ECF No. 22 ). Petitioner requests attorneys’ fees in the amount of $ 23,676.50 and

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 wi th

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 citat ion, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2

attorneys’ costs in the amount of $ 6 0 4 .28 for a total amount of $ 24

, 280.78

. Id. at ¶¶

1 , 5

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

petitioner incurred no out

- of

- pocket expenses. Id. at ¶ 3. Additionally, in compliance

with General Order #9, petitioner has filed a signed statement indicating she incurred

no out

- of

- pocket expenses. See Attachment to Petitioner’s Motion for Attorneys’

Fees and Costs. On Febr uary 3 , 2017, respondent filed a response to petitioner’s

motion. (ECF No. 24 ).

In his response, respondent states “[n]either the Vaccine Act nor Vaccine Rule

13 contemplates any role for respondent in the resolution of a request by petitioner for

an award of attorneys’ fees and costs.” Id. at 1. Respondent does state that he “is

satisfied the statutory requirements for an award of attorneys’ fees and costs are met

in this case.” Id. at 2. Respondent further states that the “Federal Circuit has also

made clear that special masters may rely on their prior experience in making

reasonable fee determinations, without conducting a line

- by

- line analysis of the fee

bill, and are not required to rely on specific objections raised by respondent .” Id.

Thus, respondent “respectfully recommends that the Chief Special Master exercise

her discretion and determine a reasonable award for attorneys’ fees and costs in this

case.” Id. at 3. Petitioner filed a reply on February 24, 2017. (ECF No. 26).

The Vaccine Act permits an award of reasonable attorneys’ fees and costs.

§ 15(e). Based on the reasonableness of petitioner’s request and the lack of opposition

from respondent , the undersigned GRANTS petitioner’s mo tion for attorneys’ fees and

costs.

Accordingly , the undersigned award s the total of $ 24,280.78 3 as a lump

sum in the form of a check jointly payable to petitioner and petitioner’s counsel

Milton Clay Ragsdale, IV

.

T he 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

3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all

charges by the attorney against a clie nt, “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 Healt h & 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.