# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 0662 V (not to be published)

SHANNON MCTERNAN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 21, 2020

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

Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY , for P etitioner.

Catherine Elizabeth Stolar , U.S. Department of Justice, Washington, DC, for

R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On May 3, 2019

, Shannon McTernan 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 alleged that she suffered a shoulder injury related to vaccine
administration caused in fact by the influenza vaccine she received in her right arm on

November 9, 2017 . (Petit ion at 1, ¶¶ 2, 27 )

. On June 11, 2020

, a decision was issued
awarding compensation to P etitioner based on the Respondent’s proffer

. (ECF No. 38 .)

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 “§” references to the Vaccine Act will be to the per tinent subpara graph of 42 U.S.C. § 300aa (2012 ).2 Petitioner has now filed a motion for attorney’s fees and costs, dated November

25, 2020

, (ECF No. 43 ) , requesting a total award of $ 25,284.84 (representing $ 24,297.80
in fees and $ 987.04 in costs). In accordance with General Order #9 , counsel for Petitioner
represents that Petitioner incurred no out

- of

- pocket expenses. (ECF No. 43

- 3 )

. Respondent reacted to the motion on December 9, 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 the Court’s discretion to determine the amount to be awarded. (ECF
No. 44). 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 $ 25,284.84 (representing $ 24,297.80 in fees and $ 987.04 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 App endix B to the Rules of the Court),
the Clerk shall enter judgment in accordance with this decision. 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.