# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 1150 V

Filed: July 13, 2017

NOT TO BE PUBLISHED

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

SUSAN ITSELL

, *

*

Petitioner, *

v. * Decision on Attorneys’

* Fees and Costs

SECRETARY OF HEALTH *

AND HUMAN SERVICES

, *

*

Respondent. *

*

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

Andrew Donald Downing

, Van Cott & Talamante, PLLC

, Phoenix, AZ

, for P etitioner.

Lisa Ann Watts , U

. S

. Department o f Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY S’ FEES AND COSTS 1

Hastings

, Special Master :

On September 15, 2016

, P etition er filed a P etition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq.

, 2 ( the

“Vaccine Act” )

. Petitioner alleged that she suffered a n adverse reaction to her Prevnar

13 ( Pneumococcal 13

- valent Conjugate ) vaccination administered on November 3,

2015

. On June 1, 2017

, I issued a dec ision awarding compensation to P etitioner based

on the parties’ stipulation

. (ECF No. 25

. )

On June 14, 2017

, P etitioner filed a n application for attorneys’ fees and costs.

(ECF No. 29. ) Petitioner requests attorneys’ fees in the amount of $ 13,191.50 and

1 Because this unpublished decision contains a reasoned explanation for the actio n in this case, I intend

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), p etitioner 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

redac t 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

attorneys’ costs in the amount of $ 1,663.06, for a total amount of $ 14,854.56

. ( Id. at 1

. )

In accordance with General Order #9, P etitioner’s counsel represents that P etitioner

incurred no out

- of

- pocket expenses in pursuit of the claim

.

On June 19, 2017 , Respondent filed a response to P etitioner’s application

. (ECF

No. 30 .) In his response, 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 s he “is satisfied the statutory requirements for an award of attorneys’ fees

and costs are met in this case. ” ( Id. at 2. ) Respondent “respect fully recommends that

the Special Master exercise h is discretion and determine a reasonable award for

attorneys’ fees and costs.” ( Id. at 3. )

I have reviewed the billing records subm itted with P etitioner’s request

. See

Exhibit Ex. A. In light of my experience the request appears reasonable

, and I find no

cause to re duce the requested hours or rates in this case

.

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

§ 15(e). Based on the reasonableness of P etitioner’s request

, I GRANT P etitioner’s

application for attorneys’ fees and costs in the reduced amount of $ 14,854.56

.

Accordingly , the undersigned award s the total of $ 14,854.56 3 as a lump

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

Andrew Donald Downing , Esq

.

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

IT IS SO ORDERED.

/s/ George L. Hastings, Jr.

George L. Hastings, Jr.

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 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).

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.