Picanco v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: July 24, 2017

* * * * * * * * * * * * * MARY PICANCO, *

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Petitioner, * UNPUBLISHED

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v. * Special Master Gowen

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SECRETARY OF HEALTH * No. 14-1245V AND HUMAN SERVICES, * Stipulation; Attorneys’ Fees and Costs

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Respondent. *

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* * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.

Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

On December 31, 2014, Mary Picanco (“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 she suffered pityriasis lichenoides et varioliformis acuta (“PLEVA”). On March 28, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties’ joint stipulation. (ECF No. 50).

On July 6, 2017, petitioner filed a motion for attorneys’ fees and costs. (ECF No. 55). Petitioner requests attorneys’ fees in the amount of $26,551.70 and costs in the amount of $3,520.34. Id. at 1. Additionally, in compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred $118.65 in out-of-pocket expenses. Thus, the total amount requested is $30,190.69.

On July 24, 2017, respondent filed a response to petitioner’s motion. (ECF No. 57). 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. This matter is now ripe for review.

The undersigned has reviewed the billing records submitted with petitioner’s request. In the undersigned’s experience, the request appears reasonable, and the undersigned finds no cause to reduce the requested hours or rates.

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 $30,190.693 as follows:

 A lump sum of $30,072.04, representing reimbursement for attorneys’ fees and costs, in the form of a check payable jointly to petitioner and petitioner’s counsel, Ronald C. Homer; and

 A lump sum of $118.65, representing reimbursement for petitioner’s costs, in the form of a check payable to petitioner.

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