# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-1054V Filed: September 7, 2017

UNPUBLISHED

DIANA MALICK,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

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

Lawrence R. Cohan, Anapo l Weiss, Philadelphia, PA, for petitioner. Traci R. Patton, U.S. D epartment of Justice, Washington, DC, for respondent.

DECISION ON ATTORNE YS’ FEES AND COSTS 1

Dorsey, Chief Special Master:

On August 25, 2016, petitioner filed a petition for compensation under the National Vaccine Injury Compensat ion 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”) following an influenza (“flu”) vaccination. On June 29, 2017, the undersigned issued a decision awarding co mpensation to petitioner based on the parties’ stipulation. (ECF No. 25.)

On July 20, 2017, petitioner filed a motion for attorneys’ fees and costs. (ECF No. 29.) Petitioner requests attorneys’ fees in the amount of $24,061.00 and attorneys’

costs in the amount of $1,036.36. ( Id. at 2.) In accordance with General Order #9,

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Thus,

the total amount r equested is $25,097.36.

On July 31, 2017, respondent filed a respons e to petitioner’s motion. (ECF No. 30.) Respondent argues that “[n]eit her the Vaccine Act nor Vaccine Rule 13 contemplates any role for respondent in the re solution 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 requirements for an award of attor neys’ fees and costs are met in

this case.” Id. at 2. Respondent “respectfully recommends that the Chief Special

Master exercise her discretion and determi ne a reasonable award for attorneys’ fees

and costs.” Id. at 3.

Petitioner has filed no reply.

Upon review of the billing records filed in this case, the undersigned finds no

cause to reduce the number of hours billed. The undersigned notes, however, that Mr. Carney billed two hours for travel time on Marc h 11, 2016, at a rate of $275.00 per hour,
and two hours on March 14, 2017, at a rate of $290.00 per hour, amounting $1,130.00. ECF No. 29-1 at 7, 11. As is this Court’ s consistent practice, the undersigned reduces the hourly rate for these hours by 50%. See, e.g., Hocraffer v. HHS, No. 99-533V, 2011 WL 3705153, at *24 (noting t hat “Special masters consist ently award compensation for

travel time at 50% of the bi lling rate in the Vaccine Progr am.”). This results in a reduction of $565.00.

The Vaccine Act permits an award of reasonable attorneys’ fees and cost s. § 15(e). Based on the reasonableness of petitioner’s request, the undersigned

GRANTS petitioner’s motion for atto rneys’ fees and costs.

Accordingly, the undersigned awards the total of $24,532.36 3 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Anapol Weiss.

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

IT IS SO ORDERED.

s/Nora Beth Dorsey

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.3 Nora Beth Dorsey Chief Special Master