Woodward v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: July 25, 2017

* * * * * * * * * * * * * JAMES WOODWARD, *

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Petitioner, * UNPUBLISHED

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v. * Special Master Gowen

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SECRETARY OF HEALTH * No. 15-1130V AND HUMAN SERVICES, * Stipulation; Attorneys’ Fees and Costs

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Respondent. *

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* * * * * * * * * * * * * Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

On October 6, 2015, James Woodward (“petitioner”) 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 alleged that he suffered Guillain-Barré Syndrome (“GBS”) as a result of a tetanus-diphtheria-acellular pertussis (“TDaP”) vaccine. On March 9, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties’ joint stipulation. ECF No. 47.

On July 14, 2017, petitioner filed a motion for attorneys’ fees and costs. ECF No. 52. Petitioner requests attorneys’ fees in the amount of $28,387.00 and attorneys’ costs in the amount of $1,406.34. Id. at 1. In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. Thus, the total amount requested is $29,793.34.

On July 25, 2017, respondent filed a response to petitioner’s motion. ECF No. 53. Respondent argues that “[n]either the Vaccine Act nor Vaccine Rule 13 contemplates any role for respondent in the resolution of a request by a petitioner for an award of attorneys’ fees and costs.” Id. at 1. Respondent adds, however, that he “is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case.” Id. at 2. Respondent “respectfully recommends that the Special Master exercise his discretion and determine a reasonable award for attorneys’ fees and costs.” Id. at 3. Petitioner has filed no reply.

The undersigned has reviewed the billing records submitted with petitioner’s request. In the undersigned’s experience, the request appears reasonable, with the exception of travel to meet with the client on February 4, 2016, being billed at full attorney rate. Generally, travel in the Program is billed at a half rate unless there is a showing that the attorney was doing legal work on the case while travelling. Based on the exhibits submitted, it appears counsel was driving to meet with petitioner and it is unlikely that she was doing legal work during that time. Therefore, the undersigned will reduce the two-hour billing by fifty percent.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e). 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 $29,492.343 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel, Amber Diane Wilson.

The Clerk of the Court shall enter judgment in accordance herewith.4 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master