Wise v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-419V

TERRY M. WISE, Chief Special Master Corcoran Petitioner, v. Filed: March 13, 2024

SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Attorney’s Fees and Costs

Respondent.

Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner.

Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1 On January 8, 2021, Terry Wise 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 Table Injury – Shoulder Injury Related to Vaccine Administration (“SIRVA”) – as a result of a pneumococcal conjugate ("Prevnar- 13") vaccine received on June 5, 2019, alternatively, Petitioner alleges that he suffered a shoulder injury and vestibulopathy that were caused-in-fact by the Prevnar-13 vaccine.

Petition at 1. On August 24, 2023, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 37.

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.

2 National 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 (2018).

Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $16,340.95 (representing $15,020.45 in fees and costs incurred at Petitioner’s current firm, Turning Point Litigation and $1,320.50 incurred at Petitioner’s former firm, Ward Black Law. December 14, 2023, ECF No. 42. In accordance with General Order No. 9, Petitioner filed a signed statement indicating that he incurred no out-of-pocket expenses.

ECF No. 42-3.

Respondent reacted to the motion on February 23, 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, ECF No. 43. Petitioner filed his response on February 23, 2024, concurring with Respondent’s recommendation for the Chief Special Master to award fees and costs at his discretion. ECF No. 44.

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. ECF No. 42 – 1 at 13 -22. 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, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $16,340.95 (representing $15,020.45 in fees and costs incurred by Turning Point Litigation and $1,320.50 in fees and costs incurred by Ward Black Law) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Turning Point Litigation. 3 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. 4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

3 Petitioner requests one check be made payable to Turning Point Litigation which will disburse funds to Ward Black Law. Motion at 2.

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