Basting 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. 19-753V
    (not to be published)
    LANCE BASTING,
    Chief Special Master Corcoran
    Petitioner,
    v.                                                          Filed: May 7, 2021
    SECRETARY OF HEALTH AND                                     Special Processing Unit                 (SPU);
    HUMAN SERVICES,                                             Attorney’s Fees and Costs
    Respondent.
    Kathleen Margaret Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner.
    Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
    DECISION ON ATTORNEY’S FEES AND COSTS 1
    On May 21, 2019, Lance Basting 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 “Parsonage Turner Syndrome as a
    result of his receipt of the flu vaccination” on January 27, 2018. (Petition at ¶ 1). On April
    2, 2021, a decision was issued awarding compensation to Petitioner based on the parties’
    stipulation. (ECF No. 32).
    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    Because this unpublished Decision contains a reasoned explanation f or the action in this case, I am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 April 11, 2021
    (ECF No. 33), requesting a total award of $16,683.89 (representing $16,185.60 in fees
    and $498.29 in costs). In accordance with General Order No. 9, Petitioner filed a signed
    statement indicating that he incurred no out-of-pocket expenses. (ECF No. 33 at 28).
    Respondent reacted to the motion on April 26, 2021, indicating that he does not object to
    the overall amount sought as it is not an “unreasonable” amount to have been incurredl.
    (ECF No. 34). 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 $16,683.89 (representing $16,185.60 in fees and $498.29 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: 19-753

Judges: Brian H. Corcoran

Filed Date: 6/8/2021

Precedential Status: Non-Precedential

Modified Date: 6/9/2021