Widson v. Secretary of Health and Human Services ( 2021 )


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  •     In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 19-858V
    (not to be published)
    MICHAELENE WIDSON,
    Chief Special Master Corcoran
    Petitioner,
    v.                                                          Filed: April 19, 2021
    SECRETARY OF HEALTH AND                                     Special Processing Unit                 (SPU);
    HUMAN SERVICES,                                             Attorney’s Fees and Costs
    Respondent.
    Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
    Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for Respondent.
    DECISION ON ATTORNEY’S FEES AND COSTS 1
    On June 11, 2019, Michaelene Widson 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 suffered a shoulder injury related to vaccine
    administration as a result of a Tetanus-Diphtheria-acellular Pertussis vaccine
    administered on May 15, 2017. (Petition at 1). On December 21, 2020, a decision was
    issued awarding compensation to Petitioner based on the Respondent’s proffer. (ECF
    No. 37).
    1
    Because this unpublished Decision contains a reasoned explanation f or the action in this case, I am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.
    2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 
    100 Stat. 3755
    . Hereinafter, for ease
    of citation, all “§” ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
    (2012).
    Petitioner has now filed a motion for attorney’s fees and costs, dated March 29,
    2021 (ECF No. 43), requesting a total award of $24,120.21 (representing $23,282.10 in
    fees and $838.11 in costs). In accordance with General Order No. 9, counsel for Petitioner
    represents that Petitioner incurred no out-of-pocket expenses. (Id. at 2). Respondent
    reacted to the motion on April 6, 2021, 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. (ECF No. 44). Petitioner did not
    file a reply thereafter.
    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 $24,120.21 (representing $23,282.10 in fees and $838.11 in costs) as a
    lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel. 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
    3
    Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice
    renouncing their right to seek review.
    2
    

Document Info

Docket Number: 19-858

Judges: Brian H. Corcoran

Filed Date: 5/19/2021

Precedential Status: Non-Precedential

Modified Date: 5/19/2021