Chesley v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1936V (not to be published)

MELODY CHESLEY, Chief Special Master Corcoran Petitioner, v. Filed: February 6, 2020

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

Respondent.

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 13, 2017, Melody Chesley 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 she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), resulting from the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination she received on January 6, 2017. (Petition at 1). On June

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).

5, 2019, a decision was issued awarding compensation to Petitioner based on the Respondent’s proffer. (ECF No. 35).

Petitioner has now filed a motion for attorney’s fees and costs, dated January 7, 2020 (ECF No. 39), requesting an award of $31,122.62 (representing $27,804.30 in fees and $3,318.32 in costs). In accordance with General Order #9 Petitioner filed a signed statement that she has incurred out-of-pocket expenses in the amount of $617.50. (ECF No. 40-1). Respondent reacted to the motion on January 21, 2020 indicating that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this case and defers to the Court’s discretion to determine the amount to be awarded. (ECF No. 41). Petitioner did not file a reply thereafter.

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.

Accordingly, petitioner is awarded the total amount of $31,740.12 3 as follows: • A lump sum of $31,122.62, 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 $617.50, 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/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).