Nelson v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-1423V Filed: May 3, 2017

* * * * * * * * * * * * * Special Master Sanders DENNIS D. NELSON, *

* Attorneys’ Fees and Costs; Reasonable Petitioner, * Amount Requested.

*

v. *

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

* * * * * * * * * * * * * Lisa A. Roquemore, Law Office of Lisa A. Roquemore, Rancho Santa Margarita, CA, for Petitioner.

Michael P. Milmoe, United States Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

On November 23, 2015, Dennis Nelson (“Petitioner”) 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 vaccine on November 27, 2012 caused him to suffer brachial neuritis. Petition at Preamble, filed Nov. 23, 2015. On January 19, 2017, Special Master Hamilton-Fieldman issued a decision awarding compensation to Petitioner pursuant to the parties’ joint stipulation. Decision, ECF No. 37.

On March 1, 2017, Petitioner filed an application for attorneys’ fees and costs. Petitioner requested attorneys’ fees in the amount of $23,301.15 and attorneys’ costs in the amount of $161.79. See Pet’r’s Mot. Att’ys’ Fees at 2, ECF No. 42. Petitioner also requested $441.79 for costs personally incurred in the course of this litigation. Id. On March 9, 2017, Petitioner amended his application for attorneys’ fees. Notice of Errata, ECF No. 43. Petitioner stated that “[a]fter finalizing the February invoice, [he] learned that a mathematical error had occurred and that the total amount sought should have been $25,915.29.” Id. at 2. The difference in total amount consists of an additional $2,452.35 in attorneys’ fees. Id. at 2. 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 (Mar. 23, 2017), ECF No. 44. Respondent recommended that the undersigned exercise her discretion and determine a reasonable award for attorneys’ fees and costs. Id. at 3. Petitioner did not file a reply thereafter.

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 $25,915.29,3 in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Lisa A. Roquemore, of Law Office of Lisa A. Roquemore; and the amount of $441.79, 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