Cousens v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 19-485V

(not to be published)

KEITH COUSENS,

Chief Special Master Corcoran Petitioner,

v. Filed: February 23, 2021 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Attorney’s Fees and Costs

Respondent.

Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1 On April 2, 2019, Keith Cousens 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 he suffered Guillain-Barré Syndrome as a result of his influenza vaccine received him on September 23, 2017. (Petition at 1-4). On November 6, 2020, a decision was issued awarding compensation to Petitioner based on the Respondent’s proffer. (ECF No. 42).

Petitioner has now filed a motion for attorney’s fees and costs, dated February 11, 2021 (ECF No. 47), requesting an award of $75,508.34 (representing $73,753.60 in fees and $1,754.74 in costs). In accordance with General Order No. 9, Petitioner filed a signed statement indicating that he has incurred out-of-pocket expenses in the amount of $3.92. (ECF No. 47-3). Respondent reacted to the motion on February 16, 2021, 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. 48). On February 17, 2021, Petitioner filed a reply requesting fees and costs be awarded in full. (ECF No. 49).

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. Section 15(e). Accordingly, Petitioner is awarded the total amount of $75,512.26 3 as follows:

• A lump sum of $75,508.34, representing reimbursement for attorneys’ fees and costs, in the form of a check payable jointly to Petitioner and Petitioner’s counsel;

• A lump sum of $3.92, representing reimbursement for Petitioner’s costs, in the form of a check payable to Petitioner; and • Petitioner requests check 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