# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 17

- 1359 V (not to be published)

MARY PERRY

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: April 2, 2020

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

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

Christine Mary Becer , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On September 27, 2017

, M a ry Perry 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 from a left shoulder injury related to

vaccine administration as a result of receiving the influenza vaccine on November 2,

2016

. ( Petit ion at 1 )

. On September 4 , 2019

, a decision was issued by then

- Chief Special Master Dorsey awarding compensation to P etitioner based on the Respondent ’ s proffer

. (ECF No. 42 )

.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 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 material from public access.

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

- 660, 100 Stat. 3755

.2 Petitioner has now filed a motion for attorney’s fees and costs, dated March 9,
2020

, (ECF No. 47 ) , requesting a total award of $ 42,633.18 (representing $ 40,233.80 in fees and $ 2,399.38 in costs). In accordance with General Order #9 Petitioner filed a signed statement indicating that she incurred no out

- of

- pocket expenses. ( Id )

. Respondent reacted to the motion on March 23, 2020 indicating that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this case
and defers to the Court’s discretion to determine the amount to be awarded. (ECF No. 48). On March 24, 2020

, P etitioner filed a reply requesting the Court award the requested
fees and costs in full

. (ECF No. 49 )

.

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

. § 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney ’ s fees and costs. I
award a total of $ 42,633.18 (representing $ 40,233,80 in fees and $ 2,399.38 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 dec ision. 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.