Kratzer v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 17-1209V Filed: June 26, 2019 UNPUBLISHED

LAURENCE KRATZER,

Petitioner, v. Special Processing Unit (SPU);

Supplemental Attorneys’ Fees and SECRETARY OF HEALTH AND Costs HUMAN SERVICES,

Respondent.

Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.

SUPPLEMENTAL DECISION ON ATTORNEYS’ FEES AND COSTS1 Dorsey, Chief Special Master:

On January 16, 2019, petitioner filed a motion for attorneys’ fees and costs. ECF No. 41. On February 11, 2019, respondent filed a response to petitioner’s motion. ECF No. 42. On February 11, 2019, petitioner filed his reply. On March 6, 2016, the undersigned issued a decision awarding petitioner attorneys’ fees and costs in the amount of $24,358.89. ECF No. 44. On March 22, 2019 a judgment was entered pursuant to Vaccine Rule 11(a) awarding petitioner attorneys’ fees and costs. ECF No. 46.

On May 20, 2019 petitioner’s counsel filed an unopposed motion for relief from Judgment. ECF No. 48. Petitioner’s counsel asserts that his firm is entitled to an additional $1,000.00 in attorney fees.

In his motion filed on January 16, 2016, petitioner requested attorney’s fees in the amount of $24,147.70, attorneys’ costs in the amount of $1,401.19. ECF No. 41 at 2. These amounts result in a total of $25,548.89 in requested attorneys’ fees and costs.

The undersigned reduced the amount of attorneys’ fees requested by $190.00, for duplicated billing entries and awarded a total of $23,957.70 for attorneys’ fees and $1,401.19 costs. ECF No. at 44. Although these amounts total $25,358.89, only $24,358.89 was awarded. Thus, an additional $1,000.00 should be paid to petitioner’s counsel for the remainder of the $25,358.879 for attorneys’ fees and costs which should have been awarded.

Upon further review of the petitioner’s motion for attorney fees, a clerical error was discovered in the amount of $1,000.00. Under RCFC 60(a), “The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.” The undersigned grants petitioner’s request to correct the decision and finds for this request are necessary to correct a clear error.

Accordingly, the undersigned awards the total of $1,000.002 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Danielle A. Strait.

The clerk of the court shall enter judgment in accordance herewith.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master