# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * *

JAMES HEYWARD, *

* No. 14

- 041V

Petitioner, * Special Master Christian J. Moran

*

v. * Filed: March 29 , 2017

*

SECRETARY OF HEALTH * Attorneys’ fees and costs

AND HUMAN SERVICES, *

*

Respondent. *

* * * * * * * * * * * * * * * * * * * * *

Danielle A. Strait , Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner;

Claudia B. Gangi , U .S. Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON FEES AND COSTS 1

On March 21 , 2016

, petitioner move d for $31,454.94 in final attorneys’ fees

and costs in the above

- captioned matter. 2 The Court awards petitioner’s total

request.

On January 16, 2014

, James Heyward filed a petition under the National

Childhood Vaccine Injury Act, 42 U.S.C. §300a

- 10 through 34 (2012) , a lleging

that the Hepatitis B vaccine, which is contained in the Vacc ine Injury Table (the

“Table”), 42 C.F.R. §100.3(a), and which he received on December 18, 2012

, caused h im brachial neuritis. The undersigned issued a de cision awarding

1 The E

- Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and

Promotion of Electronic Government Services), requires that the Court post this decision on its

website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing

redaction of medical information or other information described in 42 U.S.C. § 300aa

- 12(d)(4).

Any redactions ordered by the special master will appear in the document posted on the website.

2 Petitioner previously moved for $33,558.69 in fina l attorneys’ fees and costs on October

4, 2016. That total, however, inadvertently requested an expert fee twice due to a voided check

being improperly marked. The corrected amount is $31,454.94.2

compensation to Mr. Heyward based on the parties’ stipulation. Decision

, 2016

WL 3886293 (June 23 , 201 6 )

.

Because Mr. Heyward received compensation, he is entitled to an award of

attorneys’ fees and costs. 42 U.S.C. § 300aa

- 15(e)

.

The Federal Circuit has approved the lodestar approach to determine

reasonable attorneys’ fees and c osts under the Vaccine Act. This is a two

- step

process. Avera v. Sec’y of Health & Human Servs. , 515 F.3d 1343, 1348 (Fed.

Cir. 2008). First, a court determines an “initial estimate . . . by ‘multiplying the

number of hours reasonably expended on the li tigation times a reasonable hourly

rate.’” Id. at 1347

- 48 (quoting Blum v. Stenson , 465 U.S. 886, 888 (1984)).

Second, the court may make an upward or down ward departure from the initial

calculation of the fee award based on specific findings. I d. at 1348.

* * *

Petitioner seek s a total of $31

, 454

. 94 ( $ 23,875

. 9 0 in attorneys’ fees and

$ 7,579

. 04 in costs) for his counsel. I n compl iance with General Order No. 9,

petitioner states that he advanced no monies for reim bursable costs in pursuit of his

claim. For hourly rates, petitioner’s counsel , Ms

. Strait proposed $ 295 per hour for

2014 and 2015, and $306 per hour for 2016

. The s e rate s are reasonable and are in

line with inflationary adjustments. See O’Neill v. Sec’y of Health & Human

Servs.

, No. 08

- 243 V

, 2015 WL 2399211 (Fed. Cl. Spec. Mstr. Apr. 28 , 201 5 )

.

The second factor in the lodestar formula is a reasonable number of hours.

Reasonable hours are not excessive, redundant, or otherwise unnecessary. See

Saxton v. Sec’y of Health & Human Servs. , 3 F.3d 1517, 1521 (Fed. Cir. 1993).

The Secretary also did not directly challenge any of the requested hours as

unreasonable.

In light of the Secretary’s lack of objectio n, the undersigned has reviewed

the fee application for its reasonableness. See Shea v. Secʼy of Health & Human

Servs ., No. 13

- 737V, 2015 WL 9594109, at *2 (Fed. Cl. Spec. Mstr. Dec. 10,

2015) (“special masters are not obligated to evaluat e an attorney’s billing records

on a line

- by

- lin e basis in making the reasona bleness determination . . . and

certainly need not do so when Respondent has not attempted to highlight any

specific alleged inefficiencies”). The hours that Mr. Heyward ’s counsel worked

are reasonable

.3

In addition to seeking attorneys’ fees, the Mr. Heyward seeks an award of

costs fo r his coun sel. All costs are reasonable, documented, and are awarded in

full.

After reviewing the request, the Court awards the following:

A lump sum of $31

, 454

. 94 in the form of a ch eck made payable to

petitioner and petitioner ’s attorney, Danielle Strait

, of Maglio

Christopher and Toale, PA

, for attorneys’ fees and other litigation costs

available under 42 U.S.C. § 300aa

- 15(e).

In the absence of a motion for review filed pursuant to RCFC Appendix B, the

clerk of the court shall enter judgment in accordance herewith. 3

IT IS SO ORDERED

.

S /Christian J. Moran

Christian J. Moran

Special Master

3 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.