Koenig-Wiltse v. Secretary of Health and Human Services

CORRECTED

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0822V

MARLENE KOENIG-WILTSE, Chief Special Master Corcoran Petitioner, v. Filed: May 22, 2024

SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.

Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1

On January 29, 2021, Marlene Koenig-Wiltse (“Petitioner”) 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 received an influenza (“flu”) vaccine on October 29, 2020, in her left deltoid, and thereafter suffered from a left- 1Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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). sided shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. On July 18, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 35.

Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $25,035.52 (representing $24,158.10 in fees plus $877.42 in costs). Petitioner’s Application for Attorneys’ Fees (“Motion”) filed January 21, 2024, ECF No. 41. In accordance with General Order No. 9, Petitioner filed a signed statement indicating that she incurred $110.00 in out of pocket expenses. Id. at 2.

Respondent reacted to the motion on January 22, 2024, 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.

Respondent’s Response to Motion at 2-3, 3 n.2, ECF No. 42. On January 23, 2024, Petitioner filed a reply requesting the fees and costs be awarded in full. ECF No. 43.

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. Furthermore, Petitioner has provided supporting documentation for all claimed costs. Motion Ex. 2. Respondent offered no specific objection to the rates or amounts sought.

The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e).

Accordingly, Petitioner is awarded the total amount of $25,145.52 as follows: • A lump sum of $25,035.52, representing reimbursement for attorneys’ fees and costs, in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Leah V. Durant; and • A lump sum of $110.00, 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 of Court shall enter judgment in accordance with this decision. 3 IT IS SO ORDERED.

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