Luna v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-852V

Filed: May 2, 2017 * * * * * * * * * * * * * * * *

ADAM LUNA, parent of E.L., a minor * * Special Master Sanders Petitioner, * * v. * Attorneys’ Fees and Costs; * Reasonable Amount Requested. SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

Respondent. * * * * * * * * * * * * * * * * *

Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.

Julia W. McInerny, United States Department of Justice, Washington, D.C., for Respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

On October 29, 2013, Adam Luna (“Petitioner”) filed a petition on behalf of his minor child, E.L., for compensation pursuant to the National Vaccine Injury Compensation Program.2 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that as a result of an influenza (“flu”) vaccine administered on December 1, 2010, E.L. suffered neurological injuries and/or transverse myelitis (“TM”). Decision, ECF No. 58. On October 18, 2016, Special Master Hamilton- Fieldman issued a decision awarding compensation to Petitioner pursuant to the parties’ joint stipulation. Id. On March 1, 2017, Petitioner filed an application for attorneys’ fees and costs. Mot. Att’ys’ Fees & Costs, ECF No. 66. Petitioner requested attorneys’ fees in the amount of $62,049.25 and attorneys’ costs in the amount of $19,997.44. Id. at 1. Petitioner also requested $108.98 for costs personally incurred in the course of this litigation, for a total of $82,155.67. 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. 2 , ECF No. 68. Respondent recommended that the undersigned exercise her discretion and determine a reasonable award for attorneys’ fees and costs. Id. at 3. On March 10, 2017, Petitioner submitted an Amended Motion for Attorneys’ Fees and Costs. Amend. Mot. Att’ys’ Fees & Costs, ECF No. 69. Petitioner stated that he received an additional invoice from his guardianship attorney and therefore sought to amend his motion for fees. Id. at n.1. Petitioner requested the same amount of attorneys’ fees and personal costs, but he increased his request for attorneys’ costs to $20,207.44, for a total of $82,365.67. Id. at 1. Respondent did not submit a response to Petitioner’s amended motion, nor did Petitioner file a reply thereafter. See Docket Rep.

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 $82,256.69,3 in the form of a check made payable jointly to Petitioner and Ronald C. Homer, of Conway, Homer, P.C.; and the amount of $108.98, 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