Samuels v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 23-0021V

ELISA SAMUELS,

Chief Special Master Corcoran Petitioner,

v. Filed: August 5, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner. Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1 On January 9, 2023, Elisa Samuels 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 alleged that she suffered a shoulder injury related to vaccine administration as a result of an influenza vaccine she received on November 2, 2021. Petition, ECF No. 1. On April 16, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 28.

Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $27,973.27 (representing $27,008.50 in fees plus $964.77 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed April 24, 2024, ECF No. 32. Furthermore, counsel for Petitioner represents that Petitioner incurred no personal out-of-pocket expenses. Id. at 3.

Respondent reacted to the motion on April 25, 2024, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-3, ECF No. 33.

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 hourly rates requested through 2023 for attorneys David Carney, Adam Green, Evan Baker and paralegals are reasonable and consistent with our prior determinations and will therefore be awarded herein. Mr. Carney’s requested hourly rate for 2024 ($450) has also been previously approved and will be awarded herein as well.

Furthermore, Petitioner has provided supporting documentation for all claimed costs. Motion at 26-42. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full.

The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $27,973.27 (representing $27,008.50 in fees plus $964.77 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, David John Carney. In the absence of a timely- filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master