# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-609V Filed: May 2, 2017

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * KATHLEEN NOLAN, *

* Petitioner, *

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

* Respondent. *

*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * John DeFazio, Viola Cummings a nd Lindsay, LLP, for petitioner. Gordon Shemin, U.S. Department of Just ice, Washington, DC, for respondent.

DECISION ON ATTORNE YS’ FEES AND COSTS 1

Dorsey, Chief Special Master:

On May 24, 2016, petitioner filed a petit ion 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 suffe red a shoulder injury related to vaccine administration (“SIRVA”) following a Septem ber 16, 2013 influenza (“flu”) vaccine. On December 21, 2016, the undersigned issued a decision awarding compensation to petitioner based on respondent’s proffer. (ECF No. 20).

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 On March 30, 2017, petiti oner filed an unopposed motion for attorneys’ fees and costs. (ECF No. 23). 3 Petitioner requests attorneys’ fees in the amount of $17,370.00 and attorneys’ costs in the amount of $415.75 for a total am ount of $17,785.75. Id. at 23-2 p. 1. 4 In compliance with General Order #9, petitioner has filed a signed statement indicating petitioner incurred no out-of-pocket expenses.

The Vaccine Act permits an award of reasonable attorneys’ fees and cost s. § 15(e). Based on the reasonab leness of petitioner’s reques t and the lack of opposition from respondent, the undersigned GRANTS petitioner’s motion for attorneys’ fees and

costs.

Accordingly, the undersigned awards the total of $17,785.75 5 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel

John L. Defazio.

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

3 The motion was not filed as an Unopposed Motion, however respondent did not submit a response. Further, in the motion, petitioner states that “Respond ent’s lack of objection to the amount sought in this ase [sic] should not be considered as admission, conces sion, or waiver as to the hourly rates requested, the number of hours billed, or the other litigat ion related costs.” (ECF No. 23 at 3.)

4 In light of all the facts and circumstances of this case, particularly including the history of expedited resolution within the Special Processing Unit, the und ersigned finds upon review of the submitted billing records and based on the undersigned’s experience ev aluating fee applications in similar Vaccine Act claims that the overall amount sought for attorneys’ fees and costs is reasonable. The undersigned does caution that billing re cords reflecting background research, such as review of vaccine injury law, regulations and requirements (see ECF No. 23-2 at 5) will not be paid in future fee applications, absent extraordinary circumstances.

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.