# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 1053 V

Filed: October 10, 2019

UNPUBLISHED

STEVEN WASHINGTON

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Attorneys’ Fees and Costs

Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY , for petitioner.

Camille Michelle Collett , U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY S’ FEES AND COSTS 1

Corcoran

, Chief Special Master:

On August 3, 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) caused

- in

- fact by the adverse effects of an influenza (“flu”) vaccine administered on November 23, 2016 . Petition at 1

. On June 25, 2019

, a decision was issued by then Chief Special Master Nora Beth Dorsey awarding compensation to petitioner based on the respondent’s proffer

. ECF No. 65

.

1 It is my intent to post this decision on the United States Court of Federal Claims' website. This means the decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and mo ve to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I find that the identified material fits within this definition, I will redact such material from public access. Beca use this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it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).

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 subparagr aph of 42 U.S.C. § 300aa (2012).2

On September 17, 2019 , petitioner filed a motion for attorneys’ fees and costs.

ECF No. 71 . Petitioner requests attorneys’ fees in the amount of $ 41,446.80 and attorneys’ costs in the amount of $ 1,404.56

. Id. at 1

. In accordance with General Order
#9, petitioner's counsel represents that petitioner incurred no out

- of

- pocket expenses.

ECF No. 71

- 3 at 2. Thus, the total amount requested is $ 42,851.36

.

On September 23, 2019 , respondent filed a response to petitioner’s motion. ECF

No. 72

. Respo ndent argues that “[n]either the Vaccine Act nor Vaccine Rule 13 requires respondent to file a response to a request by a petitioner for an award of attorneys’ fees and costs.” Id. at 1. Respondent adds, however, that he “is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case.”

Id. at 2. Respondent “respectfully requests that the Court exercise its discretion and

determine a reasona ble award for attorneys’ fees and costs.” Id. at 3.

Petitioner has filed no reply.

I have reviewed the billing records submitted with petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the
request ed hours or rates.

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

. § 15(e). Based on the reasonableness of petitioner’s request, I hereby GRAN T petitioner’s motion for attorneys’ fees and costs.

Accordingly

, petitioner is award ed the total amount of $ 42,851.36 3 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s

counsel Bruce William Slane

.

The clerk of the court shall enter judgment in accordance herewith. 4

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran Chief Special Master

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 costs” as well as fees for legal services rendered. Furthermore, § 15(e)(3) prevents an attorney from charging 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).

4 Pursuant to Vaccine Rule 11(a), entry of judgment can be exp edited by the parties’ joint filing of notice renouncing the right to seek review.