# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 1927 V (not to be published)

KIMBERLY SMYTH

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: November 8, 2019

Special Processing Unit (SPU); Attorney’s Fees and Costs

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for

P etitioner.

Ryan Daniel Pyles , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On December 12, 2017

, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on November 25,

2016 . (Petit ion at 1 )

. On April 25, 2019

, a decision was issued by then

- Chief Special

Master Dorsey, awarding compensation to P etitioner based on the Respondent’s proffer

. (ECF No. 36 )

.

Petitioner has now filed a motion for attorney’s fees and costs, dated October 22,

2019

, (ECF No. 42 ) , requesting a total award of $ 26,793.32 (representing $ 25,153.80 in

1 Although I have not designated this Decision for publication, it will be made availabl 39.53 e 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), P etitioner ha s 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such mater ial from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755

.2

fees and $ 1,6 39.52 in costs). In accordance with General Order #9, counsel for

Petitioner’s counsel f iled a signed statemen t that Petitioner has incurred no out

- of

- pocket

expenses. ( Id. at 2 )

. Respondent did not file a response thereafter.

I have reviewed the billing records submitted with P etitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested

hours or rates.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs

. § 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorneys’ fees and costs. I

award a total of $ 26,793.32 (representing $ 25,153.80 in attorney’s fees and $ 1,639.52 in costs) as a lump sum in the form of a check jointly payable to Petitioner and his/ he r counsel, Leah VaSahnja Durant, Esq . In the absence of a timely

- filed motion for review (see Appendix B to the Rules of the Court), the Clerk shall enter judgment in accordance

with this decision. 3

IT IS SO ORDERED.

s/ Brian H. Corcoran
Brian H. Corcoran Chief Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.