Webb v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-1387V Filed: April 24, 2017

* * * * * * * * * * * * * Special Master Sanders LORALYN WEBB, as the Personal * Representative of the Estate of * Attorneys’ Fees and Costs; Reasonable CHANDLER BLAKE WEBB, * Amount Requested.

Petitioner, *

*

v. *

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

* * * * * * * * * * * * * Robert J. Krakow, Law Office of Robert J. Krakow, P.C., New York, NY, for Petitioner. Sarah C. Duncan, United States Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

On November 16, 2015, Loralyn Webb (“Petitioner”), on behalf of Chandler Blake Webb (Mr. Webb), deceased, petitioned for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2012).2 Petitioner alleged that the administration of an influenza (“flu”) vaccine administered on October 15, 2013, caused Mr. Webb to suffer encephalitis. Petition, filed Nov. 16, 2015. Petitioner further alleged that Mr. Webb’s death was a sequela of his encephalitis. Id. On January 31, 2017, the undersigned issued a decision awarding compensation to Petitioner pursuant to the parties’ joint stipulation. Decision, ECF No. 47.

On April 4, 2017, Petitioner filed an application for attorneys’ fees and costs. Petitioner requested attorneys’ fees in the amount of $60,425.75. See Pet’r’s Mot. Att’ys’ Fees and Costs, ECF No. 52. Petitioner requested attorneys’ costs in the amount of $1,721.36, and also requested costs personally incurred in the course of this litigation in the amount of $360.00. Id. Respondent indicated that “[t]o the extent the Special Master is treating [P]etitioner’s request for attorneys’ fees and costs as a motion that requires a response from [R]espondent . . . Respondent is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case.” Resp’t’s Resp. at 2 (Apr. 21, 2017), ECF No. 54. Respondent recommended that the undersigned exercise her discretion and determine a reasonable award for attorneys’ fees and costs. Id. at 3. Petitioner filed a reply shortly thereafter agreeing with Respondent’s recommendation that the undersigned exercise her discretion. Pet’r’s Reply (Apr. 21, 2017), ECF No. 55.

The undersigned has reviewed Petitioner’s counsel’s detailed records of time and expenses incurred in this case, and they are reasonable. In accordance with the Vaccine Act, 42 U.S.C. § 300aa-15(e) (2012), the undersigned finds that Petitioner is entitled to attorneys’ fees and costs. Accordingly, the undersigned hereby awards the amount of $62,147.11,3 in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Robert J. Krakow., of Law Office of Robert J. Krakow, P.C.; and the amount of $360.00, in the form of a check made payable to Petitioner only. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court shall enter judgment in accordance herewith.4

IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master