Lawson v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0882V (not to be published)

MINDY LAWSON, Chief Special Master Corcoran Petitioner, v. Filed: August 31, 2021

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.

Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1 On June 20, 2018, Mindy Lawson 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 a shoulder injury related to vaccine administration after receipt of an influenza vaccine in her left deltoid on September 1, 2016. (Petition at 1). On January 5, 2021, a decision was issued awarding compensation to Petitioner in the amount of $215,688.69. (ECF No. 61).

Because this unpublished Decision contains a reasoned explanation f or the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.

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

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” ref erences 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 August 4, 2021 (ECF No. 65), requesting a total award of $74,789.86 (representing $73,458.60 in fees and $1,331.26 in costs). Additionally, Petitioner requests $3,072.50 in attorney fees incurred by prior counsel, Hector Oropeza. (Id). In accordance with General Order No. 9, Petitioner filed a signed statement indicating that she incurred no out-of-pocket expenses. (Id. at 2). Respondent reacted to the motion on August 5, 2021, indicating that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this case, but deferring resolution of the amount to be awarded to my discretion. (ECF No. 66). On August 5, 2020, Petitioner filed a reply requesting the fees and costs be awarded in full. (ECF No. 67).

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, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs as follows: • A lump sum of $74,789.86, representing reimbursement for attorneys’ fees and costs, in the form of a check payable jointly to Petitioner and Leah VaSahnja Durant; and • A lump sum of $3,072.50 representing reimbursement for attorneys’ fees, in the form of a check payable jointly to Petitioner and Hector Oropeza.

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. 3 IT IS SO ORDERED.

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

Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review.