United States Court of Federal Claims, 2022

Berge v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided April 22, 2022 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 19-1474V (not to be published)

MICHAEL BERGE,

Chief Special Master Corcoran Petitioner,

v. Filed: March 18, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Attorney’s Fees and Costs

Respondent.

Jessica Olins, Maglio Christopher & Toale, PA, Seattle, WA for Petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1

On September 25, 2019, Michael Berge 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 a left shoulder injury related to vaccine administration causally related to the influenza vaccine he received on November 13, 2018. (Petition at 1, ¶¶ 1, 14). On August 17, 2021, a decision was issued awarding compensation to Petitioner in the amount of $116,343.57. (ECF No. 47).

Petitioner has now filed a motion for attorney’s fees and costs, dated February 4, 2022 (ECF No. 52), requesting a total award of $37,803.21 (representing $36,719.10 in fees and $1,084.11 in costs). In accordance with General Order No. 9, Petitioner filed a signed statement indicating that he incurred no out-of-pocket expenses. (ECF No. 52-3). Respondent reacted to the motion on February 16, 2022, 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 at the Court’s discretion. (ECF No. 53). On February 18, 2022, Petitioner filed a reply requesting an award of $37,803.21. (ECF No. 54).

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. I award a total of $37,803.21 (representing $36,719.10 in fees and $1,084.11 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel. Petitioner requests check be forwarded to mctlaw, 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. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

1 Because this unpublished Decision contains a reasoned explanation for 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. 2National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.

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