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Rivera v. Secretary of Health and Human Services, 18-1761 (2020)

Court: United States Court of Federal Claims Number: 18-1761 Visitors: 5
Judges: Brian H. Corcoran
Filed: Jun. 15, 2020
Latest Update: Jun. 16, 2020
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1761V (not to be published) GEORGE PHILLIP RIVERA, also known as Chief Special Master Corcoran GEORGE RIVERA-GONZALEZ, Filed: May 15, 2020 Petitioner, v. Special Processing Unit (SPU); Attorney’s Fees and Costs SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Roberto Ruiz-Comas, RC Legal & Litigation Services PSC, San Juan, PR, for Petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for Responden
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    In the United States Court of Federal Claims
                                   OFFICE OF SPECIAL MASTERS
                                           No. 18-1761V
                                        (not to be published)


    GEORGE PHILLIP RIVERA,
    also known as                                               Chief Special Master Corcoran
    GEORGE RIVERA-GONZALEZ,
                                                                Filed: May 15, 2020
                         Petitioner,
    v.                                                          Special Processing Unit                 (SPU);
                                                                Attorney’s Fees and Costs
    SECRETARY OF HEALTH AND
    HUMAN SERVICES,

                         Respondent.


Roberto Ruiz-Comas, RC Legal & Litigation Services PSC, San Juan, PR, for Petitioner.

Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for Respondent.

                       DECISION ON ATTORNEY’S FEES AND COSTS 1

        On November 15, 2018, George Phillip Rivera aka George Rivera-Gonzalez 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 developed
Guillain-Barre syndrome as a result of an influenza vaccine administered to him on



1  Because this unpublished Decision contains a reasoned explanation for the action in this case, I am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). 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 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).
January 26, 2018. (Petition at 1). On January 21, 2020, a decision was issued awarding
compensation to Petitioner based on the Respondent’s proffer. (ECF No. 35).

       Petitioner has now filed a motion for attorney’s fees and costs, dated March 27,
2020, (ECF No. 42), requesting a total award of $53,410.00 (representing $53,010.00 in
fees and $400.00 in costs). In accordance with General Order #9 Petitioner filed a signed
statement indicating that he incurred no out-of-pocket expenses. (ECF No. 39).
Respondent reacted to the motion on April 8, 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. 43).
On April 16, 2020, Petitioner filed a reply indicating he does not intend to file a substantive
reply”. (ECF No. 44).

       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 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 $53,410.00 (representing $53,010.00 in attorney’s fees and $400.00 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 Rule 11(a), the parties may expedite entry of judgment by filing a joint notice
renouncing their right to seek review.
                                                 2

Source:  CourtListener

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