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  5. BAILEY v. SECRETARY OF HEALTH AND HUMAN SERVICES, 14-1206V. (2018)

BAILEY v. SECRETARY OF HEALTH AND HUMAN SERVICES, 14-1206V. (2018)

Court: United States Court of Federal Claims Number: infdco20180130d02 Visitors: 12
Filed: Jan. 03, 2018
Latest Update: Jan. 03, 2018
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 MINDY MICHAELS ROTH , Special Master . On December 16, 2014, Jeanne Bailey ("Ms. Bailey," or "petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleges that she developed a shoulder injury as a result of receiving an influenza vaccination on December 17, 2012. See Petition ("Pet."), ECF No. 1. On May 31, 2017, the undersigned issued a Decision awarding compensation to pe
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UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

On December 16, 2014, Jeanne Bailey ("Ms. Bailey," or "petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she developed a shoulder injury as a result of receiving an influenza vaccination on December 17, 2012. See Petition ("Pet."), ECF No. 1. On May 31, 2017, the undersigned issued a Decision awarding compensation to petitioner based on the parties' stipulations. See Decision, ECF No. 45.

On December 11, 2017, petitioner filed a Motion for Attorneys' Fees and Costs. Motion for Fees, ECF No. 49. Petitioner requests attorneys' fees in the amount of $18,029.75, and attorneys' costs in the amount of $8,304.09, for a total amount of $26,333.84.3 Id. at 1. In accordance with General Order #9, petitioner's counsel represents that petitioner did not incur any out-of-pocket expenses. Id. at 2.

On December 26, 2017, respondent filed a response to petitioners' Motion for Attorneys' Fees and Costs. Response, ECF No. 50. Respondent provided no specific objection to the amount requested or hours worked, but instead, "respectfully recommend[ed] that the Special Master exercise her discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3. Petitioner filed a reply on January 2, 2018, reiterating her attorneys' fees request. Reply, ECF No. 51.

The Vaccine Act permits an award of "reasonable attorneys' fees" and "other costs." § 15(e)(1). Based on the reasonableness of petitioner's request, the undersigned GRANTS petitioner's motion for attorneys' fees and costs.

Accordingly, the undersigned awards the total of $26,333.84,4 representing reimbursement for attorneys' fees in the amount of $18,029.75 and costs in the amount of $8,304.09, in the form of a check made payable jointly to petitioners and petitioners' counsel, Kenneth Lumb, Esq. The Clerk of the Court is directed to enter judgment in accordance with this Decision.5

IT IS SO ORDERED.

FootNotes


1. Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete 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. I have made no determination as to appropriate hourly rates in this matter; I merely conclude that the total sums requested seem reasonable and appropriate.
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 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).
5. Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.
Source:  Leagle
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Citations
14-1206V.
Counsels
  • Kenneth Thomas Lumb
  • Christine Mary Becer
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