# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-0421V Filed: September 7, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEREDITH PYERS, *

* Petitioner, *

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

* Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washingt on, DC, for respondent.

DECISION ON ATTORNE YS’ FEES AND COSTS 1

Dorsey, Chief Special Master:

On April 4, 2016, Meredith Pyers (“pet itioner”) filed a petition for compensation under the National Vaccine Injury Com pensation Program, 42 U.S.C. §300aa-10, et

seq., 2 (the “Vaccine Act”). Petitioner alleged t hat she suffered from left shoulder pain as a result of an influenza (“flu”) vaccine she received on November 23, 2014. On August 3, 2016, the undersigned issued a decision awarding compens ation to petitioner based on respondent’s proffer. (ECF No. 13).

On August 16, 2016, petitioner filed a moti on for attorneys’ fees and costs. (ECF No. 19). Petitioner requests attorneys’ fees in the amount of $14,049.50, and attorneys’

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 costs in the amount of $690.46, for a total amount of $14,739.96. Id. at 2. In

accordance with General Order #9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses.

On September 2, 2016, respondent filed a re sponse to petitioner’s motion. (ECF No. 20). 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 1. 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 2. Additionally, she “asserts that a reasonable am ount for fees and costs in the present case would fall between $12,000.00 to $13,000.00,” based on a survey of fee awards in four “similar cases and her experience litigating Vaccine Act

claims.” Id. at 3.

On the same day, September 2, 2016, petitioner filed a r eply. (ECF No. 21). Petitioner argues that respondent has provid ed “no precise objections” and “fails to specify any deficiencies, unreasonable items, or billing issues in petitioner’s Application for attorneys’ fees and costs.” Id . at 4. Petitioner includes a list of 24 attorneys’ fees and costs awarded petitioner’s counsel since 2014.

Petitioner requests additional attorneys’ f ees in the amount of $275.00 (one hour of time) for preparing the reply. Id . at 5. The undersigned finds the request for the additional hour spent preparing the reply to be reasonable and awards the full amount requested for preparation of the reply brief, $275.00. Thus, the total amount award for attorneys’ fees and costs is $14,739.96.

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.

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.

Accordingly, the undersigned awards the total of $15,014.96 3 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Muller Brazil, LLP.

3 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).3 The clerk of the court shall ent er judgment in accordance herewith. 4

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

4 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.