SUSAN T. RUS S ELL

,

Petitioner,

v.

SECR ETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Fi led: September 3, 2021

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

Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA , for P etitioner.

Andr ew Henning , U.S. Department of Justice, Washington, DC, for R espondent.

DECI SION ON ATTORNEY ’S FEES AND COSTS 1

On A ugust 16, 2019

, Susan Russell 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 vaccination received on September 15, 2018

. ( Petition at 1-2). On August 3, 2021

, a decision was issued awarding compensation to
P etitioner based on the parties’ stipulation

. (ECF No. 27 ).

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 subparagraph of 42 U.S.C. § 300aa (2012 ). 

# I **n the**  **U nited**  **S tates**  **Court o f**  **F edera**  **l Claims** 

OFFICE O F SPECIAL MAS T ERS

N o. 19 -1 219 V (not t o be published)2 Petitioner has now filed a motion for attorney’s fees and costs, dated August 12,
2021 (ECF No. 31 ) , requesting a total award of $ 20,236.27 (representing $ 19,595.80 in fees and $ 640.47 in costs). In accordance with General Order No. 9, Petitioner filed a signed statement indicating that she incurred no out

- of

- pocket expenses. (ECF No. 31

- 4 )

. Respondent did not file a response.

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

. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney ’ s fees and costs. I
award a total of $ 20,236.27 (representing $ 19,595.80 in fees and $ 640.47 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Moore, Corbett, Heffernan, Moeller & Meis, L.L.P

. 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 decision. 3

IT IS SO ORDERED.

s/ Brian H. Corcoran Brian H. Corcoran Chief Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.