Delapaz v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 18-922V

(not to be published)

KEVIN DELAPAZ,

Chief Special Master Corcoran Petitioner,

v. Filed: February 25, 2021 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Attorney’s Fees and Costs

Respondent.

Renee J. Gentry, Vaccine Injury Clinic, George Washington University Law School, Washington, DC,, for Petitioner.

Lara Ann Englund, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1 On June 27, 2018, Kevin Delapaz 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 from Guillain-Barré syndrome as a result of an influenza vaccination administered on January 20, 2014. (Petition at 1). On November 19, 2020, a decision was issued awarding compensation to Petitioner based on the Respondent’s proffer. (ECF No. 44).

Petitioner has now filed a motion for attorney’s fees and costs, dated January 28, 2021 (ECF No. 49), requesting an award of attorney’s fees in the amount of $6,712.40. Petitioner also requests the amount of $23,372.81 (representing $20,263.75 in fees and $3,109.06 in costs) incurred by The Law Offices of Renee Gentry, Esq. (Id. at 2). In accordance with General Order No. 9, Petitioner filed a signed statement indicating that he incurred out-of-pocket expenses in the amount of $424.04. (ECF No. 49-1). Respondent reacted to the motion on January 29, 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. 50). 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.

The Vaccine Act permits an award of reasonable attorney’s fees and costs. Section 15(e). Accordingly, Petitioner is awarded the total amount of $30,509.25 3 as follows:

• A lump sum of $23,372.81, representing reimbursement for attorneys’ fees and costs, in the form of a check payable jointly to Petitioner and The Law Office of Renee Gentry, Esq.;

• A lump sum of $6,712.40, representing reimbursement for attorneys’ fees and costs, in the form of a check payable jointly to Petitioner and The Vaccine Injury Litigation Clinic at the George Washington University Law School; and

• A lump sum of $424.04, representing reimbursement for Petitioner’s costs, in the form of a check payable to Petitioner.

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