# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1890 V (not to be published)

SHANNON FENNELL

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed : September 17, 2020

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

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for

P etitioner.

Christine Mary Becer , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On December 10, 2018, Shannon Fennell (“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 s he suffe red a shoulder
injury related to vaccine administration as a result of an influ enza vaccination

administered on November 30, 2017

. ( Petition at 1 )

. On February 12 , 2020

, a decision

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 was issued awarding compensation to P etitioner based on the Respondent’s proffer

. (ECF No. 28 )

.

Petitioner has now filed a motion for attorney’s fees and costs, dated August 19

, 2020 (ECF No. 33 ) , requesting a total award of $ 30,079.40 (representing $ 28,370.90 in
fees and $ 1,708.50 in costs). In accordance with General Order No. 9

, counsel for

Petitioner represents that Petitioner incurred no out

- of

- pocket expenses. ( Id . at 1 ).
Respondent reacted to the motion on September 2 , 2020

, indicating that he is satisfied
that the statutory requirements for an award of attorney’s fees and costs are met in this

case and defers to my discretion to determine the amount to be awarded (ECF No. 34 )

. Petitioner filed a reply on September 3, 2020, requesting that the Court award all fees
and costs requested in Petitioner’s application. (ECF No. 35).

I have reviewed the billing records submitted with Petitioner’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 cos ts

. Section
15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney ’ s fees and costs. I

award a total of $30,079.40 (representing $28,370.90 in fees and $1,708.50 in costs) as
a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel

. 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 dec ision. 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.