# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 939 V

Filed: December 9 , 2016

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

CAROLINE COURBOIS

, * UN PUBLISHED

*

* Special Master Hamilton

- Fieldman

Petitioner, *

*

v. * Attorneys’ Fees and Costs;

* Reasonable Amount Requested

.

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Rene e J. Gentry

, Vaccine Injury Clinic

, GWU Law School, Washington, D.C. for Petitioner.

Michael P. Milmoe , United States Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS 1

On November 27, 2013

, Caroline Courbois (“Petitioner”) petitione d for compensation

under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

- 34 (2012).

Petitioner alleged that the administration of a n influenza vaccine on January 10, 2013 caused her

to suffer from rotator cuff ten d onitis, a tear of the anterior asp ect of the supraspinatus tendon,

bursitis, and a lesion of the proximal humorous

. Petition at Preamble, filed Nov. 27, 2013. On

September 22, 2014, Respondent filed a Rule 4 (c) Report in which she conceded that the

influenza vacci nation caused Petitioner ’ s injuries, which are consistent with a shoulder injury

related to vaccine administration. A ruling on entitlement, finding in favor of Petitioner, was

issued on September 23, 2014. A damages hearing was held on April 5, 2 016, and at the

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this ruling on the website of the United States Court of Federal

Claims , in accordance with the purposes espoused in the E

- Gove rnment Act of 2002. See 44

U.S.C. § 3501 (20 12)

. Each party has 14 days within which to request redaction “of any

information furnished by that party: (1) that is a trade secret or commercial or financial in

substance and is privileged or confidential; or (2) that includes medical files or similar files, th e

disclosure of which would constitute a clearly unwarranted invasion o f privacy.” Vaccine Rule

18(b).conclusion of the hearing

, the undersigned awarded compensation to the Petitioner.

On November 30 , 2016 , Petitioner filed an application for attorneys’ fees and costs

. Petitioner req uested attorneys’ fees in the amount of $ 91,419.68

. See Petitioners’ Am ended

App lication at 1 , filed Nov. 30 , 2016. Petitioner requested attorneys ’ costs in the amount of

$ 6,589.40, and reques ted costs personally incurred in the course of this litigation in the amount

of $438.56

. Id. Respondent indicated that “[t]o the extent the special master is treating

petitioner ’ s request for attorneys’ fees and costs as a motion that requires a response from

respondent, respondent . . . is satisf ied that the statutory requirements for an award of attorneys’

fees and costs are met in this case.” Respondent’s Response at 2, filed Dec

. 8 , 2016.

Respondent requested that the undersigned exercise her discretion and determine a reasonable

award for a ttorneys’ fees and costs. Id. at 3.

The undersigned has re viewed Petitioner ’ s counsel’s detailed records of time and

expenses incurred in this case, and they are reasonable. Petitioner’ s request for costs personally

incurred is also reasonable. In accordance with the Vaccine Act, 42 U.S.C. § 300aa

- 15(e)

(2012), the undersigned finds that Petitioner is entitled to attorneys’ fees and costs

. Accordingly

, the undersigned hereby awards the amount o f $ 98,009.08 , in the form of a

check made payable jo intly to Petitioner and Petitioner’ s counsel, Renee J. Gentry

, of t he

Vaccine Injury Clinic ; and the amount of $4 38.56 , in the form of a check made payable to

Petitioner only

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

cl erk of the court shall enter judgment in accordance herewith. 2

IT IS SO ORDERED.

/s/ Lisa D. Hamilton

- Fieldman

Lisa D. Hamilton

- Fieldman

Special Master

2 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to

seek review. Vaccine Rule 11(a).