# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-972V Filed: January 5, 2017

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DONNIE JORDAN, *

* Petitioner, *

v. * * Attorneys’ Fees and Costs;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, 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 August 10, 2016, petitioner filed 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 a lleged that that he suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of his Septem ber 11, 2015 influenza (“flu”)
vaccination. On December 2, 2016, the undersigned issued a decision awarding compensation to petitioner based on re spondent’s Proffer. (ECF No. 15).

On January 4, 2017, petiti oner filed an unopposed applicati on for attorneys’ fees and costs. (ECF No. 19). 3 Petitioner requests attorne ys’ fees in the amount of

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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 Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).

3 In the application, petitioner states that res pondent has no objection to petitioner’s request.2 $10,414.00 and attorneys’ costs in the amount of $664.30 for a total amount of $11,078.30. Id. at 1. In compliance with General Or der #9, petitioner has filed a signed statement indicating petitioner in curred 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 application for attorneys’ fees

and costs.

Accordingly, the undersigned awards the total of $11,078.30 4 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel John Robert Howie, Jr.

The clerk of the court shall ent er judgment in accordance herewith. 5

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

4 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).

5 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.