Keown v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-11V Filed: August 17, 2017 Not for Publication

************************************* JOANN KEOWN, *

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Petitioner, *

* Attorneys’ fees and costs decision; v. * reasonable attorneys’ fees and cost

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SECRETARY OF HEALTH * AND HUMAN SERVICES, *

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Respondent. *

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************************************* Glen H. Sturtevant, Jr., Richmond, VA, for petitioner.

Ryan D. Pyles, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS’ FEES AND COSTS 1 On January 3, 2014, petitioner filed a petition for compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10–34 (2012), alleging that her receipt of influenza vaccine on January 20, 2011 caused her to develop bilateral upper extremity weakness, difficulty breathing, paresthesias of her torso and bilateral upper extremities, fatigue, and related sequelae. On March 8, 2017, the undersigned issued a decision awarding damages pursuant to the parties’ stipulation.

Petitioner filed a motion for attorneys’ fees and costs on August 7, 2017, requesting attorneys’ fees and costs in the amount of $56,443.35 and personal costs of $500.00, for a total request of $56,943.35. On August 7, 2017, respondent filed a response to petitioners’ motion explaining he is satisfied this case meets the statutory requirements for an award of attorneys’ fees and costs under 42 U.S.C. § 300aa-15(e)(1)(A)-(B). Resp. at 2. Respondent “respectfully recommends that the [undersigned] exercise her discretion and determine a reasonable award for attorneys’ fees and costs.” Id. at 3. Petitioner filed a reply to respondent’s response on August 14, 2017.

Under the Vaccine Act, a special master or a judge on the U.S. Court of Federal Claims shall award reasonable attorneys’ fees and costs for any petition that results in an award of compensation. 42 U.S.C. § 300aa-15(e)(1); Sebelius v. Cloer, 133 S. Ct. 1886, 1893 (2013). The special master has “wide discretion in determining the reasonableness” of attorneys’ fees and costs. Perreira v. Sec’y of HHS, 27 Fed. Cl. 29, 34 (1992), aff’d, 33 F.3d 1375 (Fed. Cir. 1994); see also Saxton ex rel. Saxton v. Sec’y of HHS, 3 F.3d 1517, 1519 (Fed. Cir. 1993) (“Vaccine program special masters are also entitled to use their prior experience in reviewing fee applications.”). However, as the Federal Circuit noted, these fees and costs were “not expected to be high” due to the “no-fault, non-adversarial system” set forth in the Vaccine Act. Id. at 1520.

Based on her experience and review of the billing records submitted by petitioner, the undersigned finds petitioner’s attorneys’ fees and costs request reasonable. Therefore, the undersigned GRANTS petitioner’s Motion for Attorneys’ Fees and Costs. Accordingly, the court awards:

a. $56,443.35, representing attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Rawls Law Group, P.C. in the amount of $56,443.35; and

b. $500.00, representing petitioner’s costs. The award shall be in the form of a check made payable to petitioner for $500.00.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith. 2 IT IS SO ORDERED.

Dated: August 17, 2017 s/ Laura D. Millman

Laura D. Millman Special Master