# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 0804V (not to be published)

JULIA HAYES

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: August 31, 2021

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

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

P etitioner.

Traci R. Patton , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

O n June 15, 2017

, Julia Hayes 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 s he suffered a Shoulder Injury Related to Vaccine

Administration as a result of an influenza vaccine received on September 29, 2016.
(Petition, ECF No. 1 at 1)

. On January 6, 2021

, a decision was issued awarding

compensation to P etitioner in the amount of $121,470.00. (ECF No. 68 )

.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). This means the D ecision will be available to anyone with access to the

internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify a nd 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 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 Petitioner has now filed a motion for attorney’s fees and costs, dated August 9,

2021 (ECF No. 72 ) , requesting a total award of $ 70,993.57 (representing $ 69,481.40 in

fees and $ 1,512.17 in costs). In accordance with General Order No. 9, Petitioner filed a
signed statement indicating that she incurred no out

- of

- pocket expenses. ( Id. at 2).

Respondent reacted to the motion on August 23, 2021, indicating that he is satisfied that

the statutory requirements for an award of attorney’s fees and costs are met in this c ase

, but deferring resolution of the amount to be awarded to my discretion

. (ECF No. 73 ). On

August 24, 2021

, P etitioner filed a reply requesting fees and costs be awarded in full

. (ECF No. 74 ).

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 attorney ’ s fees and costs

. Se ction

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

award a total of $ 70,993.57 (representing $ 69,481.40 in fees and $ 1,512.17 in costs) as
a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel

. 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 Ru le 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.