# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 1463 V

Filed: March 27, 2018

UNPUBLISHED

ABBY DUX

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Attorneys’ Fees and Costs

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA , for petitioner.

Glenn Alexander MacLeod , U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY S’ FEES AND COSTS 1

Dorsey

, Chief Special Master:

On November 4, 2016, 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 an influenza (“flu”) vaccination administered on October 10, 2014. Petition at 1. On October 19, 2017 , the undersigned issued a decision awarding compensation to petitioner based on the respondent’s proffer

. (ECF

No. 38 ).

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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 definiti on, 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 March 1, 2018 , petitioner filed a motion for attorneys’ fees and costs. (ECF

No. 43 ). Petitioner requests attorneys’ fees in the amount of $ 20,565.30 and attorneys’ costs in the amount of $ 271.99 . ( Id. at 1-2 .) Additionally, in compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred $405.75

in out

- of

- pocket expenses. ( Id . at 2). Thus, the total amount requested is $ 21,243.04

.

On March 15, 2018 , respondent filed a response to petitioner’s motion. (ECF No.

45 ). R espondent 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 he “is satisfied the statutory requirements for an award of attorn eys’ fees and costs are met in

this case.” ( Id. at 2 )

. Respondent “respectfully recommends that the Chief Special Master exercise her discretion and determine a reasonable award for attorneys’ fees

and costs.” ( Id. at 3 )

.

Petitioner has filed no reply.

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 rat es.

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 awards the total of $ 21,243.04 3 as follows:

• A lump sum of $ 20,837.29 , representing reimbursement for attorneys’ fees and costs, in the form of a check payable jointly to petitioner and petitioner’s counsel, Ronald Craig Homer; and

• A lump sum of $ 405.75 , representing reimbursement for petitioner’s costs, in the form of a check payable to petitioner.

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

3 This amount is intended to cover 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.

Furthe rmore, § 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).

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.3 IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master