Roubik v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 20-1473V

(not to be published)

JULIE ROUBIK, personal representative of the ESTATE OF Chief Special Master Corcoran THOMAS ROUBIK

Filed: September 17, 2021 Petitioner,

v. Special Processing Unit (SPU);

Attorney’s Fees and Costs SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner. Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 27, 2020, Julie Roubik filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”), as personal representative of the estate of Thomas Roubik. Petitioner alleged that “[a]s a direct and proximate result of the reaction to the influenza vaccination administered to Thomas Roubik on November 8, 2019, he suffered from the effects of Guillain-Barré Syndrome which ultimately led to his untimely death.” (Petition at ¶ 16). On May 21, 2021, a decision was issued awarding compensation to Petitioner based on the Respondent’s proffer. (ECF No. 21).

Petitioner has now filed a motion for attorney’s fees and costs, dated August 24, 2021 (ECF No. 26), requesting an award of $10,601.43 in fees and costs incurred at Turning Point Litigation and $720.00 in attorney fees incurred at Ward Black Law 3. In accordance with General Order No. 9, Petitioner filed a signed statement indicating that Petitioner incurred out-of-pocket expenses in the amount of $4,069.05. (ECF No. 26-3). Respondent reacted to the motion on September 7, 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. 27). On September 7, 2021, Petitioner filed a reply concurring with Respondent’s response. (ECF No. 28).

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 $15,390.48 4 as follows:

• A lump sum of $11,321.43, 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 $4,069.05, representing reimbursement for Petitioner’s costs, in the form of a check payable to Julie Roubik, Personal Representative of the Estate of Thomas Roubik.

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. 5 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master