Penderis v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0768V (not to be published)

DAYANE PENDERIS, Chief Special Master Corcoran Petitioner, v. Filed: January 10, 2020

SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Attorney’s Fees and Costs

Respondent.

Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.

Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1 On May 31, 2018, Dayane Penderis (“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 alleges that she suffered Guillain- Barre Syndrome (“GBS”) as a result of the influenza (“flu”) vaccination administered on November 14, 2016. (Petition at 1-3). On September 17, 2019, a decision was issued awarding compensation to Petitioner based on the Respondent’s proffer. (ECF No. 40).

If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access.

National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).

Petitioner has now filed a motion for attorney’s fees and costs, dated December 23, 2019, (ECF No. 45), requesting a total award of $26,957.71 (representing $26,071.70 in fees and $886.01 in costs). In accordance with General Order #9 Petitioner filed a signed statement indicating that Petitioner has incurred out-of-pocket expenses in the amount of $45.00. (ECF No. 45-3). Respondent did not file a response to Petitioner’s motion.

I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates.

The Vaccine Act permits an award of reasonable attorney’s fees and costs. § 15(e). Accordingly, petitioner is awarded the total amount of $27,002.71 3 as follows: • A lump sum of $26,957.71, representing reimbursement for attorneys’ fees and costs, in the form of a check payable jointly to Petitioner and Petitioner’s counsel, and • A lump sum of $45.00, representing reimbursement for petitioner’s costs, in the form of a check payable to petitioner.

• Petitioner requests checks be forwarded to Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota Florida 34236.

In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk shall enter judgment in accordance with this decision. 4 IT IS SO ORDERED.

s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

Furthermore, § 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991).