# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0213 V (not to be published)

ROBERT CLENDANIEL

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: October 18, 2021

Special Processing Unit (SPU);

Attorney’s Fees and Costs

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA , for P etitioner.

Althea Walker Davis , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On February 26, 2020 , Robert Clendaniel 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 a shoulder injury related to vaccine

administration caused by an influenza vaccine administered on October 8 , 201 8

. ( Petition

at 1 )

. On August 18, 2021

, a decision was issued awarding compensation to P etitioner in

the amount of $60,000.00. (ECF No. 37 )

.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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

21, 2021 (ECF No. 42 ) , requesting a total award of $ 18,420.15 (representing $ 18,001.50

in fees and $ 418.65 in costs). In accordance with Gen eral Order No. 9, counsel for

Petitioner represents that Petitioner incurred no out

- of

- pocket expenses. ( Id. at 2).

Respondent reacted to the motion on October 4, 2021, indicating that he is satisfied that

the statutory requirements for an award of attorney’s fees and costs are met in this case

, but deferring resolution of the amount to be awarded to my discretion

. (ECF No. 43 ).

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

. Section

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

award a total of $ 18,420.15 (representing $ 18,001.50 in fees and $ 418.65 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.