# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 1698 V

Filed: May 7, 2018

UNPUBLISHED

DEBORAH FRANKLIN

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

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

Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY , for petitioner. Ryan Daniel Pyles , U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY S’ FEES AND COSTS 1

Dorsey

, Chief Special Master:

On December 28, 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 alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA” after receiving a Tdap vaccination on January 27, 2016

. Petition at 1. On January 16, 2018 , the undersigned issued a decision awarding compensation to petitioner based on the parties’ stipulation

. (ECF No. 41 ).

On April 24, 2018 , petitioner filed a motion for attorneys’ fees and costs. (ECF

No. 46 ). Petitioner requests attorneys’ fees in the amount of $ 31,134.75 and attorneys’

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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 id entified 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 costs in the amount of $ 1,387.37

. Id. at 2 . Petitioner also incurred $2,356.23 in attorney fees and costs for work performed by Jeffrey S. Pop and Associates. Id. at 2. In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out

- of

- pocket expenses. Id. at 2. Thus, the total amount requested is $ 34,878.35

.

On April 25, 2018, respondent filed a response to petitioner’s motion. (ECF No.

47 ). 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 re quirements for an award of attorneys’ 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 ra tes.

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 $ 34,878.35 3 as follows:

• A lump sum of $ 32,522.12 , representing reimbursement for attorneys’ fees and costs, in the form of a check payable jointly to petitioner and petitioner’s counsel, Bruce W. Slane; and

• A lump sum of $ 2,356.23 , representing reimbursement for attorneys’ fees and costs, in the form of a check payable to Jeffrey S. Pop &

Associates and petitioner.

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).3 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

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.