Agresti v. Secretary of Health and Human Services ( 2017 )


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  •         In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 16-290V
    Filed: January 19, 2017
    UNPUBLISHED
    *********************************
    MARY AGRESTI,                                     *
    *
    Petitioner,              *
    v.                                                *
    *       Attorneys’ Fees and Costs;
    SECRETARY OF HEALTH                               *       Special Processing Unit (“SPU”)
    AND HUMAN SERVICES,                               *
    *
    Respondent.              *
    *
    ****************************
    Jeffrey S. Pop. Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
    Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
    DECISION ON ATTORNEYS’ FEES AND COSTS 1
    Dorsey, Chief Special Master:
    On March 1, 2016, 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 alleged that she suffered a shoulder injury related to vaccine
    administration (“SIRVA”) caused by her November 6, 2014 influenza vaccination. On
    December 21, 2016, the undersigned issued a decision awarding compensation to
    petitioner based on the parties’ stipulation. (ECF No. 28).
    On December 29, 2016, petitioner filed a motion for attorneys’ fees and costs.
    (ECF No. 32). Petitioner requests attorneys’ fees in the amount of $12,062.00 and
    1
    Because this unpublished decision contains a reasoned explanation for the action in this case, the
    undersigned intends 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). 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, the undersigned agrees that the identified material fits
    within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
    300aa (2012).
    attorneys’ costs in the amount of $964.95 for a total amount of $13,026.95. 
    Id. At 1.
    In
    compliance with General Order #9, petitioner has filed a signed statement indicating
    petitioner incurred no out-of-pocket expenses.
    On January 12, 2017, respondent filed a response to petitioner’s motion. (ECF
    No. 33). Respondent argues that “[n]either the Vaccine Act nor Vaccine Rule 13
    contemplates any role for respondent in the resolution of a request by a petitioner for an
    award of attorneys’ fees and costs.” 
    Id. at 1.
    Respondent adds, however, that she “is
    satisfied the statutory requirements for an award of attorneys’ fees and costs are met in
    this case.” 
    Id. at 2.
    Petitioner “respectfully recommends that the Chief Special Master
    exercise her discretion and determine a reasonable award for attorneys’ fees and
    costs.” 
    Id. at 3.
    On January 18, 2017, petitioner filed a reply. (ECF No. 34). Petitioner stressed
    that respondent did not object to the rates, hours, or expenditures in petitioner’s
    application for fees and costs. (Id.)
    The Vaccine Act permits an award of reasonable attorneys’ fees and costs.
    § 15(e). Based on the reasonableness of petitioner’s request, the undersigned
    GRANTS petitioner’s motion for attorneys’ fees and costs.
    Accordingly, the undersigned awards the total of $13,026.95 3 as a lump
    sum in the form of a check jointly payable to petitioner and petitioner’s counsel
    Jeffrey S. Pop, Esq.
    The clerk of the court shall enter judgment in accordance herewith. 4
    IT IS SO ORDERED.
    s/Nora Beth Dorsey
    Nora Beth Dorsey
    Chief Special Master
    3
    This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
    charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
    Furthermore, § 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would
    be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Human Servs.,
    
    924 F.2d 1029
    (Fed. Cir.1991).
    4
    Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
    renouncing the right to seek review.
    2
    

Document Info

Docket Number: 16-290

Judges: Nora Beth Dorsey

Filed Date: 6/15/2017

Precedential Status: Non-Precedential

Modified Date: 4/18/2021