# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-1110V Filed: March 24, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * OLGA MOLINA, *

* Petitioner, *

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

* Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * Lawrence R. Cohan, Anapo l Weiss, Philadelphia, PA, for petitioner. Glenn A. MacLeod, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION ON ATTORNE YS’ FEES AND COSTS 1

Dorsey, Chief Special Master:

On November 14, 2014, Ms. Molina fil ed 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 Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine she rece ived on September 5, 2012. Petition at 1. On December 1, 2015, the undersigned issued a decision awarding compensation to petitioner based on the parties’ st ipulation. (ECF No. 29).

On February 15, 2016, petitioner filed a mo tion for attorneys’ fees and costs. (ECF No. 34). Petitioner requests attor neys’ fees in the amount of $23,475.00, and

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 attorneys’ costs in the amount of $1,418.68, for a to tal amount of $24,893.68. Id. at 1-2. In accordance with General Order #9, petiti oner’s counsel represents that petitioner incurred no out-of-pocket expenses.

On February 29, 2016, respondent filed a re sponse to petitioner’s motion. (ECF No. 35). 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 2. Respondent adds, however, that she “is satisfied the statutory requirements for an award of attor neys’ fees and costs are met in

this case.” Id. at n.2. Additionally , she states that “[r] espondent’s estimation of reasonable attorney’s fees and costs for the present case roughly fall between $18,000.00, to $21,000.00,” but pr ovides no basis for (or explanation for how she arrived at) this proposed range. Id

.

On February 29, 2016, petitioner filed a r eply. (ECF No. 36). Petitioner argues that respondent has provided “no precise objection” but only “a self-serving ‘survey’ of what the Respondent believes the range for fees and costs in this case should be.” Id.

at 2-3. Petitioner includes a list of the attorneys’ fees and costs awarded petitioner’s

counsel since 2009. 3

The undersigned has reviewed the billing records submitted with petitioner’s request. In the undersigned’s experience, the request appears reasonable, and the undersigned finds no cause to reduce the requested hours or rates.

Petitioner requests additional attorneys’ fees in the amount of $1,100.00 (four hours of time) for preparing the reply. Id. at 6. She has not, however, provided specific billing entries describing how this time wa s expended. However, because petitioner’s counsel has filed a near-identical reply in other SPU cases, th e undersigned does not find the number of hours requested for t he preparation of the reply brief to be

reasonable in this case. 4 The undersigned reduces the requested hours to two hours and awards $550.00, for the preparation of pet itioner’s reply brief. Thus, the total amount awarded for attorneys’ fees and costs is $ 25,443.68

.

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.

3 Although helpful information, the undersigned does not e that many of the cases cited involved different circumstances than the present case.

4 In future cases counsel may be required to substantiate similar requests with detailed billing records.3 Accordingly, the undersigned awards the total of $25,443.68, 5 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel

Lawrence Cohan.

The clerk of the court shall ent er judgment in accordance herewith. 6

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

5 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).

6 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.