# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 0725 V (not to be published)

SEAN OBERHEIM

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 10, 2020

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

Richard Gage, Richard Gage, P.C., Cheyenne WY , for P etitioner.

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

R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On June 1, 2017

, Sean Oberheim (“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 he suffered Guillain

- Barré Syndrome
(“GBS”) caused by the influenza vaccine he received on November 2, 2015 . (Petit ion at
¶¶ 2, 8 )

. On July 25, 2019

, a decision was issued awarding compensation to P etitioner

based on the parties’ stipulation

. (ECF No. 51 )

.

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 ruling will be av ailable 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, upo n 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 subpara graph of 42 U.S.C. § 300aa (2012 ).2 Petitioner has now filed a motion for attorney’s fees and costs, dated November 8

, 2019

, (ECF No. 56 ) , requesting a total award of $ 13,059.58 (representing $ 11,881.50 in
fees and $ 1,178.08 in costs). In accordance with General Order #9, Petitioner filed a
signed statement stating that he incurred no out

- of

- pocket expenses. ( I d . at 46).
Respondent reacted to the motion on November 21, 2019 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 the Court’s discretion to determine the amount to be awarded. (ECF
No. 57). Petitioner did not file a reply thereafter.

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

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

award a total of $ 13,059.58 (representing $ 11,881.50 in attorney’s fees and $ 1,178.08 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.