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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: March 21, 2017

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

JODY R. SMITH

, * UNPUBLISHED OPINION

*

Petitioner, * No. 16

- 1282V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Attorneys’ Fees and Costs;

AND HUMAN SERVICES, * Special Master ’ s Discretion

*

Respondent. *

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

Nancy Routh Meyers

, Ward Black Law, Greensboro, NC for petitioner.

Colleen Clemons Hartley , U.S. Department of Justice , Washington, DC for respondent.

DECISION AWARDING ATTORNEYS’ FEES AND COSTS 1

On October 6, 2016, Jody R. Smith (“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” or “Program”]. Petitioner alleges that as a result of an influenza (“flu”) vaccine administered

on or about November 27, 2015, she suffered an exacerbation of chronic pain and myalgia.

Stipulation (ECF No. 22), ¶¶ 2, 4

. On March 9 , 2 01 7 , the undersigned issued a decision awarding

compensation to petitioner based on the parties’ stipulation. ECF No. 2 3

.

1 Because this unpublished decision contains a reasoned explanation for the action in this case,

the undersigned intends to post this decision 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). In accordance with

Vaccine Rule 18(b), petitioner s ha ve 14 days to identify and move to delete medical or other

information, that satisfies the criteria in § 300aa

- 12 (d)(4)(B). Further, consistent with the rule

requirement, a motion for redaction must include a proposed redacted decision. If, upon review,

the undersigned agrees that the identified material fits within the r equirements of that provision,

he will delet e 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 ( 20 12 ).2

On March 13 , 2017, petitioner filed a motion for attorneys’ fees and costs. Petitioner ’ s Motion (“Pet’r ’ s Mot.”), E CF No. 25

. Pe titioner request s attorneys’ fees in the amount of

$ 16,059.00 and attorneys’ costs in the amount of $ 469.29 , for a total amount of $ 1 6, 528.29

. Id.

at 1. Petitioner included her signed state ment that she did not incur any fees or costs related to

the prosecution of this case, in acc ordance with General Order #9. Pet’r’s Mot., Exhibit A.

On March 13 , 2017, respondent filed a response to petitioner ’ s motion. ECF No. 26

. Respondent states he is “satisfie d the statutory requirements for an award of attorneys’ fees and

costs are met in this case.” Id. at 2. He “respectfully recommends that the Special Master

exercise his discretion and determine a reasonable award for attorneys’ fees and costs.” Id. at 3

.

Under the Vaccine Act, the special master shall award reasonable attorneys’ fees and

costs for any petition that results in an award of compensation. 42 U.S.C. § 300aa

- 15(e)(1). In

the present case, petitioner s w ere awarded compensation pursuant to the terms of a joint

stipulation. Therefore, petitio ners are entitled to an award of reasonable attorneys’ fees and

costs.

The undersigned has reviewed counsel ’ s time records and tasks performed, and finds

them reasonable. Pe titioner ’ s counsel has also submitted receipts for his costs, which the

undersigned has also reviewed and finds to be reasonable. Based o n the reasonableness of

petitioner ’ s reques t and the lack of opposition from respondent, the undersigned GRANTS

petitioner ’ s motion for attorneys ’ fees and costs.

Acco rdingly, the undersigned award s a lump sum in the amount of $ 16,528.29

, representing reimbursement for attorneys’ fees and costs, in the form of a check payable

jointly to petitioner, Ms. Jody R. Smith , and her counsel, Nancy R. Meyers of Ward Black

Law

. 3

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of

Court SHALL ENTER JUDGMENT in accordance with this decision. 4

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

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,” and fees for legal

services rendered. Furthermore, § 15(e)(3) prevents an attorn ey 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 is expedited by the parties’ joint filing of

notice not to seek review.