# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-0615V Filed: November 21, 2016
UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * GILMORE WRIGHT, II, *

* Petitioner, *

v. * * Attorneys’ Fees and Costs; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Voris E. Johnson, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION ON ATTORNE YS’ FEES AND COSTS 1

Dorsey, Chief Special Master:

On May 25, 2016, Gilmore Wright, II, (“petitioner”) filed a petition for compensation under the National Vaccine Inju ry Compensation Program, 42 U.S.C. §300aa-10, et seq., 2 (the “Vaccine Act”). Petitioner alleged that he suffered injuries, including left rotato r cuff syndrome, as a result of an influenza (“flu”) vaccine administered to his left deltoid on November 7, 2014. Petition at 1. On September 30, 2016, the undersigned issued a decision awar ding compensation to petitioner based on respondent’s proffer. (ECF No. 16).

On November 3, 2016, petit ioner filed a motion for atto rneys’ fees and costs. (ECF No. 21). Petitioner requests attor neys’ fees in the amount of $12,347.00, and attorneys’ costs in the amount of $810.78, for a tota l amount of $13,157.78. Id. at 2. In

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 accordance with General Order #9, petitioner’s counsel stat es that petitioner has not advanced any fees or costs related to the prosecution of his claim.

On November 4, 2016, respondent filed a response to the motion for attorneys’ fees and costs stating that respondent does not object to t he overall amount sought, as

it is not an unreasonable amount to have been incurred for the proceedings to date. Respondent states that her lack of objection should not be construed as an admission, concession or waiver as to the hourly rates requested, the number of hours billed, or the other litigation re lated costs.

The Vaccine Act permits an award of reasonable a ttorneys’ fees and cost s. § 15(e). Based on the reasonab leness of petitioner’s reques t and the lack of opposition from respondent, the undersigned GRANTS petitioner’s motion for attorneys’ fees and

costs.

Accordingly, the undersigned awards the total of $13,157.78 3 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Muller Brazil, LLP.

The clerk of the court shall ent er judgment in accordance herewith. 4

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief 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 co sts” as well as fees for legal services rendered. Furthermore, § 15(e)(3) prevents an attorney from char ging 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 c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.